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Prepositions in the context of a summary regarding restrictive agreements

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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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