... whether trade has gone up or down.47 'The ECJ tries to apply the rules so as not to stifle enterprise and initiative'48 and also apply the 'de minimise rule'49.50 'An agreement that falls within Article 101(1) of the Treaty is not necessarily unlawful. Article 101(3) provides a 'legal exemptions' to the prohibitions in Article ... sufficient to label it as a dominant. For example in United Brands case the 40-45% was sufficient to be considered as dominance because of the other factors. However in Hoffmann-La Roche the Court overturned a Commission finding that the fi...

• Word Count: 1960
• Approx Pages: 8
• Has Bibliography
• Grade Level: Undergraduate