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...

CJEU Slovenská sporiteľňa (C‑68/12): by-object collusion unaffected by rival’s illegality; employee conduct attributable; Article 101(3) TFEU only where four cumulative conditions proved

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the judgment of 7 February 2013; it is no longer maintained. See further: timeline, commentary and related/relevant cases.

Case facts Outline

A national reference by the Najvyšší súd Slovenskej republiky (Slovakia) asked the Court of Justice, under Article 267 TFEU, for a preliminary ruling on whether, in assessing Articles 101(1) and 101(3) TFEU, it is material that a competitor excluded by others’ collusive conduct is, nonetheless, operating unlawfully on the relevant market. On 7 February 2013, the Court of Justice held, amongst other points, that the alleged Illegality of Akcenta’s activities in Slovakia is irrelevant to deciding whether the Article 101(1) TFEU prohibition is engaged.

Parties

Slovenská sporiteľňa a.s. (Slovenská sporiteľňa)
Protimonopolný úrad Slovenskej republiky (Slovakian Competition Authority)
Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic—the referring court)

Slovenská sporiteľňa is the largest commercial bank in Slovakia, providing banking services to more than 2 million clients and with over 400 retail outlets.

Akcenta CZ a.s....

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Web page updated on 21/05/2026

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