However, concerted practice is a rather boring concept. In many cases, a concerted practice is found in an agreement or a decision. In certain circumstances, it is not necessary to distinguish between these differences, for example, to impose a fine on a member of the cartel. Nevertheless, a distinction must be made. It is important to draw a line between the different types of collusion in order to clearly identify them when needed and to identify all types of collusive actions. In addition, it would be useful to distinguish between legitimate behaviour and agreements. A concerted practice involves communication or cooperative behaviour between companies, which may not be synonymous with communication, but beyond a company that reacts independently to market conditions. “… In light of the concept of a competition contract, it is clear that every economic operator must independently determine the policies it intends to pursue in the common market, including the choice of the persons or companies to which it makes or sells offers. While it is fair to say that this requirement of independence does not deprive operators of the right to intelligently adapt to the existing and expected behaviour of their competitors, it strictly excludes any direct or indirect contact between these operators, the objective or effect being to influence the behaviour of a real or potential competitor on market behaviour. they have decided to assume themselves or the market.” 113-114, Co-peratieve Vereniging “Suiker United” AU e.a. v.
Commission . On 21 November 2019, the Bundeskartellamt (FCO) fined BMW, Daimler and Volkswagen a total of around 100 million euros for common anti-competitive practices in connection with the purchase of long steel products. WHAT TO KNOW – KEY TAKEAWAYS 2018 has imposed the FCO (…) On the other hand, some commentators do not agree with this criticism. According to Mr. Alese, the Court of Justice`s approach in these two cases shows that the parallel behaviour of companies in oligopolistic markets should be examined under the concept of concerted practices, since such behaviour is not sufficient to conclude a concerted practice.  Alese believes that the Court of Justice`s interpretation of market behaviour, which does not correspond to normal market conditions and why the Court emphasizes contact between companies, could serve as a research tool for a concerted practice.  Thus, it shows that oligopolistic dependence is not at all illegal. In addition, the Court and the Commission agreed that there should be no price competition in oligopolistic markets; it is a natural consequence, so that parallel behaviour alone does not form a concerted practice.  Subsequently, the Treaty of Rome, which came into force on 25 March 1957, contained Articles 101 and 102.
15 April 2021 BBP Admin Uncategorized
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