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 preliminary ruling on Bulgarian minimum legal fees: delegation to bar association capable of restricting competition under Article 101 TFEU (Joined Cases C‑427/16 and C‑428/16)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED – this archived case hub records the position as at the decision date of 23/11/2017; it is not being maintained. See also the timeline and related/relevant cases.

Case facts

Outline: National references were made by the Sofiyski rayonen sad (Sofia District Court, Bulgaria) to the Court of Justice under Article 267 TFEU, seeking, amongst other issues and in so far as it concerns competition law, guidance on the consistency of Article 101 TFEU, read together with Article 4(3) TEU, with Bulgarian provisions stipulating that the Fees of legal representatives must comply with a mandatory minimum tariff or scale.

Outcome

On 23 November 2017, the Court of Justice delivered its ruling, concluding, amongst other findings, that Article 101 TFEU, interpreted in conjunction with Article 4(3) TEU, must be understood as meaning that the domestic measures at issue are liable to limit competition within the Internal market...

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Web page updated on 21/05/2026

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