1 / 20

The Characterisation of Collusion in Competition Law

The Characterisation of Collusion in Competition Law. 2009 CCP 5th Annual Conference: Cartels and Tacit Collusion. Okeoghene Odudu Emmanuel College, Cambridge. Outline. the role of collusion in competition law distinction between vertical and horizontal collusion

umeko
Download Presentation

The Characterisation of Collusion in Competition Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Characterisation of Collusion in Competition Law 2009 CCP 5th Annual Conference: Cartels and Tacit Collusion Okeoghene Odudu Emmanuel College, Cambridge

  2. Outline • the role of collusion in competition law • distinction between vertical and horizontal collusion • the characterisation of collusion a horizontal rather than vertical • hub-and-spoke concept

  3. The Text of Article 81(1) EC ‘The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect … the … restriction … of competition’

  4. The Text of Article 81(1) EC ‘The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect … the … restriction … of competition’

  5. The Text of Article 81(1) EC ‘The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect … the … restriction … of competition’

  6. The Text of Article 81(1) EC ‘The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect … the … restriction … of competition’

  7. The Text of Article 81(1) EC ‘The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect … the … restriction … of competition’

  8. Scope Substance Justification The Structure of Article 81 Entities Conduct Obligations

  9. The vertical/horizontal distinction • a different mode of assessment applies object (per se) effect (rule of reason) de minimis presumptions BER (justifications) • Different sanctioning regime applies

  10. PepsiCo v Coca-Cola IFD IFD IFD

  11. PepsiCo v Coca-Cola IFD IFD IFD

  12. PepsiCo v Coca-Cola IFD IFD IFD

  13. Toys "R" Us v Federal Trade Commission

  14. Toys "R" Us v Federal Trade Commission • conditional participation • the hub monitors compliance

  15. Argos and Littlewoods v Office of Fair Trading

  16. Argos and Littlewoods v Office of Fair Trading

  17. Argos and Littlewoods v Office of Fair Trading • conditional participation • interdependent agreements • the hub: • exchanges information • monitors compliance

  18. JJB Sports v Office of Fair Trading

  19. JJB Sports v Office of Fair Trading [i] retailer A discloses to supplier B its future pricing intentions in circumstances where [ii] A may be taken to intend that B will make use of that information to influence market conditions by passing that information to other retailers (of whom C is or may be one), [iii] B does, in fact, pass that information to C in circumstances where [iv] C may be taken to know the circumstances in which the information was disclosed by A to B and [v] C does, in fact, use the information in determining its own future pricing intentions,

  20. The Characterisation of Collusion in Competition Law 2009 CCP 5th Annual Conference: Cartels and Tacit Collusion Okeoghene Odudu Emmanuel College, Cambridge

More Related