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Prepositions in the context of a summary regarding restrictive agreements

Please purchase the course before starting the lesson.

Read the summary of the law concerning restrictive agreements and decide which preposition, if any, fits in the blank.


Article 81 of the EC Treaty/Chapter I
of the Competition Act: restrictive agreements


Article 81 {1:MULTICHOICE:as~in~by~=of~on~to~between~below~outside~within~no preposition} the EC Treaty establishing a European Community and the Chapter I prohibition contained {1:MULTICHOICE:as~=in~by~of~on~to~between~below~outside~within~no preposition} the Competition Act 1998 (the Act) both prohibit, {1:MULTICHOICE:as~=in~by~of~on~to~between~below~outside~within~no preposition} certain circumstances, agreements which prevent, restrict or distort competition.

The Office of Fair Trading (OFT) is charged with investigating agreements that it considers will or may be seen {1:MULTICHOICE:=as~in~by~of~on~to~between~below~outside~within~no preposition} anti-competitive.

The provisions {1:MULTICHOICE:as~in~by~of~on~to~between~below~outside~within~=no preposition} prohibiting agreements preventing, restricting or distorting competition are contained {1:MULTICHOICE:as~=in~by~of~on~to~between~below~outside~within~no preposition} Article 81(1) of the EC Treaty (Article 81(1)) and section 2(1) of the Act (the Chapter I prohibition).

Agreements which fall {1:MULTICHOICE:as~in~by~of~on~to~between~below~outside~=within~no preposition} Article 81 and/or the Chapter I prohibition but which satisfy certain specified conditions are not prohibited, no prior decision {1:MULTICHOICE:as~in~by~of~on~=to~between~below~outside~within~no preposition} that effect being required.

Article 81 only applies {1:MULTICHOICE:as~in~by~of~on~=to~between~below~outside~within~no preposition} agreements which may affect trade {1:MULTICHOICE:as~in~by~of~on~to~=between~below~outside~within~no preposition} two or more Member States, i.e. it will only apply where there may be an appreciable effect {1:MULTICHOICE:as~in~by~of~=on~to~between~below~outside~within~no preposition} interstate trade. The case law {1:MULTICHOICE:as~in~by~=of~on~to~between~below~outside~within~no preposition} the European courts has applied {1:MULTICHOICE:as~in~by~of~on~to~between~below~outside~within~=no preposition}a broad interpretation {1:MULTICHOICE:as~in~by~=of~on~to~between~below~outside~within~no preposition} this phrase, and it is likely that {1:MULTICHOICE:as~=in~by~of~on~to~between~below~outside~within~no preposition} many cases agreements will fall {1:MULTICHOICE:as~in~by~of~on~to~between~below~outside~=within~no preposition} both Article 81 and the Chapter I prohibition.

Any agreement whose object is to fix may be considered anticompetitive. Such price-fixing agreements, {1:MULTICHOICE:as~in~=by~of~on~to~between~below~outside~within~no preposition} their very nature, restrict competition.

Price fixing may involve setting either the price itself or the components of a price, fixing a minimum price {1:MULTICHOICE:as~in~by~of~on~to~between~=below~outside~within~no preposition} which prices will not be reduced, setting the amount or percentage {1:MULTICHOICE:as~in~=by~of~on~to~between~below~outside~within~no preposition} which prices are to be increased, or establishing a range {1:MULTICHOICE:as~in~by~of~on~to~between~below~=outside~within~no preposition} which prices are not to move.

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