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Competition law is the field of law that promotes or seeks to maintain ... Penalties for breach included ... of laws from resulting in unintended consequences. ...
The task of tracking down and punishing those in breach of competition law has been entrusted to the European Commission, which receives its powers under Article 105 TFEU. Under this Article, the European Commission is charged with the duty of ensuring the application of Articles 101 and 102 TFEU and of investigating suspected infringements of ...
On 3 November 2009, at the suggestion of a Microsoft-backed PR firm, [2] Infederation Ltd. (Foundem) filed a complaint with the European Commission accusing Google of breaching EU competition law and was soon joined by others, including on 31 March 2011 Microsoft itself [3] which was then waging a regulatory war against Google.
Article 101 reads, [1]. 1. The following shall be seen as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those ...
Dominance, be it by a single entity or collectively by a group of firms, is not illegal or prohibited in EU competition law or under Article 102 TFEU. [12] However, abuse of a dominant position is prohibited and illegal because, dominant firms have a special responsibility to prevent their conduct distorting competition.
The Commission viewed United Brands' action as a breach of Article 86 of the Treaty of Rome (now Art 102 of the TFEU). [4] Article 86 prohibits "abuse of a dominant position" of a relevant market. The case was referred for a Preliminary Ruling to the European Court of Justice under Article 177 (now Art 267).
Where, however, an analysis of the terms of the concerted practice does not reveal the effect on competition to be sufficiently deleterious, its consequences should then be considered and, for it to be caught by the prohibition, it is necessary to find that those factors are present which establish that competition has in fact been prevented or ...
If the law has regulated or restrained his mode of doing this, the law must be obeyed. But no power short of the general law ought to restrain his free discretion. A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable ...