“AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTS
In their economic activity, undertakings conclude many agreements between them. But agreements between undertakings which can distort the competition -anticompetitive agreements- are prohibited. The Romanian and EU law prohibit “all agreements between undertakings, decisions by associations of under...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2013-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_025.pdf |
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| author | CRISTINA CUCU |
| author_facet | CRISTINA CUCU |
| author_sort | CRISTINA CUCU |
| collection | DOAJ |
| description | In their economic activity, undertakings conclude many agreements between them. But agreements between undertakings which can distort the competition -anticompetitive agreements- are prohibited. The Romanian and EU law prohibit “all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition”. However, the terms ”agreements”, ”decisions” or ”concerted practices” are nowhere defined in the EU Treaties or in the Romanian law. These terms are key concepts in the analysis of anticompetitive agreements which can distort the competition. In the lack of a legal definition, these concepts have generated a complex body of jurisprudence, which has to be identified. The analysis of these key concepts necessarily entails the conceptual delimitation of the notions. On this purpose, the relevant legal provisions will be identified in the Romanian and EU law, as well as the decisions of the European Court of Justice in this matter. The present paper intends to present the conceptual evolution of the analysed notions, paying special attention to concerted practices and to parallel behaviour in price fixing on the market. |
| format | Article |
| id | doaj-art-d037a9fbaf404971be48d8ab277dbf7e |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2013-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-d037a9fbaf404971be48d8ab277dbf7e2025-01-02T11:00:59ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962013-05-013-213227“AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTSCRISTINA CUCU0Ph.D. candidate, Law Faculty, “Nicolae Titulescu” University, Bucharest (e-mail: cristinaeremia@yahoo.com).In their economic activity, undertakings conclude many agreements between them. But agreements between undertakings which can distort the competition -anticompetitive agreements- are prohibited. The Romanian and EU law prohibit “all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition”. However, the terms ”agreements”, ”decisions” or ”concerted practices” are nowhere defined in the EU Treaties or in the Romanian law. These terms are key concepts in the analysis of anticompetitive agreements which can distort the competition. In the lack of a legal definition, these concepts have generated a complex body of jurisprudence, which has to be identified. The analysis of these key concepts necessarily entails the conceptual delimitation of the notions. On this purpose, the relevant legal provisions will be identified in the Romanian and EU law, as well as the decisions of the European Court of Justice in this matter. The present paper intends to present the conceptual evolution of the analysed notions, paying special attention to concerted practices and to parallel behaviour in price fixing on the market.http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_025.pdfanticompetitive agreementsagreements between undertakingsdecisions by associations of undertakingsconcerted practicesparallel behaviour. |
| spellingShingle | CRISTINA CUCU “AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTS Challenges of the Knowledge Society anticompetitive agreements agreements between undertakings decisions by associations of undertakings concerted practices parallel behaviour. |
| title | “AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTS |
| title_full | “AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTS |
| title_fullStr | “AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTS |
| title_full_unstemmed | “AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTS |
| title_short | “AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTS |
| title_sort | agreements decisions and concerted practices key concepts in the analysis of anticompetitive agreements |
| topic | anticompetitive agreements agreements between undertakings decisions by associations of undertakings concerted practices parallel behaviour. |
| url | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_025.pdf |
| work_keys_str_mv | AT cristinacucu agreementsdecisionsandconcertedpracticeskeyconceptsintheanalysisofanticompetitiveagreements |