SPORAZUMNA PRAKSA U PRAVU KONKURENCIJE EVROPSKE UNIJE

Apstrakt

Article 81, paragraph 1 of the EC (European Community) Treaty prohibits all agreements among enterprises, all decisions made by Associations of enterprises and all concerted practices dealing with or aiming at limiting competition and menacing free trade among Member States. Besides case analysis from jurisprudence of European Commission and Court of Justice, this article explains more in detail the notion of concerted practice. In fact, it deals with anticompetitive coordinated behavior of enterprises (simultaneous prices increase, agreed market segmentation and so on) which haven't led to conclusion of a formal agreement, but it means that practical cooperation between enterprises substituted for free competition. Therefore, concerted practice, by its nature, doesn't comprise all the elements of an agreement, but comes from coordination reflected from uniform behavior of enterprises – participants on market. This subtle form of agreement is asserted on basis of contact made between enterprises aiming at information exchange on business politics, as well as on basis of an unusual behavior on market, that couldn't be explained by conditions ruling on the same market. It also displays a problem of participation in concerted practice of enterprises with seat out of the European Union, which results in exterritorial implementation of Community law (EC law) and observes the notion of enterprise itself as adopted by the Community law.