Cartel prohibition

Article 101 (1) TFEU prohibits agreements whose purpose it is to affect, prevent, or eliminate competition in the common market.

The economic analysis of the competitive situation in the relevant market is necessary for the evaluation of an agreement.

Under Article 101 (3) TFEU, the cartel prohibition may be exempted if the positive effects on competition of the specific transaction outweigh its negative ones. Such evaluations require complex economic analyses.

EE&MC successfully advise companies by implementing market definitions and analyses, that underly the decision-making practice of the European Commission and the European School of Thought.