EU Legislation

Question 1

Article 101(1) TFEU

Answer 1

Prohibits anti-competitive agreements, concerted practices and decisions by undertakings which may affect trade between MS

Question 2

Article 101(2) TFEU

Answer 2

sets out the legal effect of the prohibition – any agreement or decision in breach of Article 101(1) is automatically void. This article has retrospective effect so that an agreement or decision that is already in operation and is found to breach Article 101(1) is void.

Question 3

Article 101(3) TFEU

Answer 3

Article 101(3) – provides that article 101(1) is not applicable if agreements, decisions, or concerted practices have certain pro-competitive effects.