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United Kingdom
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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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Ping online sales ban a restriction by object under UK/EU competition law: Court of Appeal upholds CMA decision and £1.25m fine; Supreme Court refuses permission to appeal

Practice notes
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ARCHIVED – this case hub reflects the position as at the judgment dated 21 January 2020 and is no longer maintained. Note – on 20 May 2020, the Supreme Court declined Ping Europe Limited’s application to bring an appeal. See further: timeline, commentary and related cases.

Case facts Outline

Appeal brought by Ping Europe Limited against the CAT’s decision upholding the CMA’s infringement finding that it had violated Article 101(1) TFEU and/or the Chapter I prohibition of the Competition Act 1998 by stopping retailers from selling its clubs on their websites.

Latest developments

On 20 May 2020, the Supreme Court refused Ping Europe Limited’s application to appeal the Court of Appeal’s judgment of 21 January 2020. That judgment dismissed Ping Europe Limited’s appeal against the CAT’s ruling, which upheld the CMA’s conclusion that Ping Europe Limited’s ban on online sales amounted to a restriction of competition by object under the Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU...

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Web page updated on 21/05/2026

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