1. The Role of EU Law
... where parallel behaviour is so co-operative that it lacks independence.39 'In general, in order to breach Article 101(1), the agreement must affect trade between member states, which means that it must be capable of constituting a threat 'direct or indirect, actual or potential, on the pattern of trade...'40. Construing from this there is no need to prove actual harm as ... .41'Object' and 'effect' are clearly meant to be alternatives, so the test is as much to do with practical outcomes as intentions.42 Regarding the 'object' it is clear from the STM43 case that the ...
- Word Count: 1960
- Approx Pages: 8
- Has Bibliography
- Grade Level: Undergraduate