What does Article 101 mean? In practice, Article 101 is the EU competition law rule that bans anti‑competitive agreements and concerted practices—such as cartels, price‑fixing, market‑sharing, bid‑rigging and resale price maintenance—where they prevent, restrict or distort competition and affect trade between EU member States. It covers agreements between undertakings, decisions of associations of undertakings and informal coordination; the test is whether the conduct has an anti‑competitive object or effect. The rule is set out in Article 101 TFEU and developed by Court of Justice case law. Prohibited agreements are void and can attract fines and damages claims. Exemptions may apply under Article 101(3) where...
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This archived case hub records the position as at the decision date of 29 September 2020 and is no longer maintained. See further: timeline, commentary and related cases.
An article 101 TFEU investigation by the European Commission into two cartels covering supplies of car closure components—door modules, window regulators, and latching systems (latches and strikers)—to European vehicle manufacturers (the Daimler Group and the BMW Group) within the EEA (AT.40299). The arrangements involved coordinating pricing behaviour and exchanging confidential information.
On 29 September 2020, the Commission adopted an infringement decision after two car part suppliers settled with the Commission and acknowledged their participation in cartels concerning the supply of car closure systems to European car manufacturers (the Daimler Group and the BMW Group) in the EEA. Fines amounting to €18m were imposed. Magna also took part but obtained full immunity under the Commission’s leniency programme.
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...