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United Kingdom
Key definition
Article 101 definition

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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European Commission Article 101 TFEU settlement decision: cross-border rail cargo 'blocktrains' cartel (AT.40330); DB and SNCB fined €48.59m; ÖBB immunity (20 April 2021)

Practice notes
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CASE HUB ARCHIVED

This case hub reflects the position as at the decision of 20 April 2021; it is no longer maintained. See further, timeline and commentary.

Case facts

Outline: a European Commission investigation under article 101 TFEU into a cartel affecting cross‑border rail freight transport services using blocktrains (AT.40330).

Latest development

On 20 April 2021, the Commission adopted its infringement decision after the three companies settled with it and admitted their role in the cartel. Aggregate fines of €48.59m were imposed. The penalties per company were:

  • ÖBB - no fine (immunity granted)
  • DB - €48,324,000 (reflecting a 45% leniency reduction and a 10% settlement discount) (NB: DB’s fine was uplifted by 50% as it had previously been held liable in Cargo ‘blocktrains’ (AT.40098))
  • SNCB - €270,000 (including a 30% reduction)...
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Web page updated on 27/05/2026

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