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...

European Commission Article 101 TFEU settlement on ethylene purchasing cartel (AT.40410): MCP manipulation; €260m fines; leniency and 10% uplift; appeal pending (T‑590/20)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB NOTE—appeal lodged before the General Court in Case T-590/20 ARCHIVED—this case hub records the position as at the decision of 14 July 2020; it is no longer being updated. See timeline and commentary for more

Case facts

Outline

European Commission article 101 TFEU probe into a cartel involving purchases on the ethylene merchant market (AT.40410)

Latest development

On 14 July 2020, the Commission adopted an infringement decision after four companies settled and accepted their role in the cartel. Aggregate penalties of €260.443m were imposed. Fines per company were:

Westlake—no penalty (immunity granted)
Orbia—€22,367,000 (including a 45% leniency reduction and a 10% settlement discount)
Clariant—€155,769,000 (including a 30% leniency reduction and a 10% settlement discount)
Celanese—€82,307,000 (including a 20% leniency reduction and a 10% settlement discount)

Parties

Westlake Chemical (hereafter, Westlake), a US-based company, is a global manufacturer and supplier of petrochemicals, polymers and building products
Orbia Advance (hereafter, Orbia), a Mexican-based company, is a leading international producer of polyvinyl chloride
Clariant AG (hereafter, Clariant), a Swiss-based...

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Web page updated on 21/05/2026

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