Jurisdiction(s):
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...

Case C‑194/14 P, AC‑Treuhand v Commission: CJEU confirms Article 101 TFEU liability for cartel facilitators; Commission fine upheld (Heat Stabilisers cartel)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (date of judgment—22/10/2015) (ARCHIVE 22/10/2015) See further: timeline, commentary and related/relevant cases

ARCHIVED — this archived case hub reflects the position at the date of the decision of 22 October 2015; it is no longer maintained.

Case facts Outline

AC‑Treuhand, a consultancy, appealed against the General Court’s judgment which upheld the Commission’s 11 November 2009 decision finding infringements of article 101 TFEU and Article 53 EEA and imposing a €348,000 fine on AC‑Treuhand for its alleged role as a facilitator of a Europe‑wide cartel concerning the supply of tin and ESBO/esters heat stabilisers (the “Heat stabilisers cartel”). On 22 October, the Court of Justice dismissed the appeal and affirmed the General Court’s judgment and, in consequence, confirmed the underlying Commission infringement decision in so far as it related to AC‑Treuhand. The case centres on the potential liability under Article 101 TFEU of intermediaries and consultants for assisting the collusive conduct of others. Its principal interest lies in whether Article 101(1) TFEU extends to such facilitation where the facilitator itself does not operate on the relevant market affected by the collusion, but nonetheless contributes to the coordination underpinning the anti‑competitive arrangement...

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