Exemple de utilizare a To restrictive effects on competition în Engleză și traducerile lor în Română
{-}
-
Colloquial
-
Official
-
Medicine
-
Ecclesiastic
-
Ecclesiastic
-
Computer
-
Programming
The agreement therefore may not give rise to restrictive effects on competition within the meaning of Article 101(1).
The establishment and use of standard terms must be assessed in the appropriate economic context and in the light of the situation on the relevant market in order to determine whether the standard terms at issue are likely to give rise to restrictive effects on competition.
Standard terms can give rise to restrictive effects on competition by limiting product choice and innovation.
Provided that the standard does not have negative effects on the downstream market(for example by excluding certain installers through very specific and unjustified requirements for installations)it is not likely to lead to restrictive effects on competition.
The agreement is therefore unlikely to give rise to restrictive effects on competition within the meaning of Article 101(1).
Moreover, should the standard terms(binding or non-binding) contain any terms which are likely to have a negative effect on competition relating to prices(for example terms defining the type of rebates to be given),they would be likely to give rise to restrictive effects on competition within the meaning of Article 101(1).
Therefore, this information exchange could give rise to restrictive effects on competition within the meaning of Article 101(1).
However, as the effectiveness of standardisation agreements is often proportional to the share of the industry involved in setting and/or applying the standard, high market shares held by the parties in the market ormarkets affected by the standard will not necessarily lead to the conclusion that the standard is likely to give rise to restrictive effects on competition.
The R& D agreement is therefore likely to give rise to restrictive effects on competition within the meaning of Article 101(1).
As long as participation in the actual establishment of standard terms is unrestricted for the competitors in the relevant market(either by participation in the trade association or directly), and the established standard terms are non-binding and effectively accessible for anyone,such agreements are not likely to give rise to restrictive effects on competition(subject to the caveats set out in paragraphs 303, 304, 305 and 307).
Hence, the purchasing agreement is likely to give rise to restrictive effects on competition within the meaning of Article 101(1).
Sharing of strategic data can give rise to restrictive effects on competition because it reduces the parties' decision-making independence by decreasing their incentives to compete.
The formation of the joint purchasing organisation is therefore unlikely to give rise to restrictive effects on competition within the meaning of Article 101(1).
A production agreement is unlikely to lead to restrictive effects on competition if the parties to the agreement do not have market power in the market on which a restriction of competition is assessed.
In that case an assessment is required as to whether the agreement is likely to give rise to restrictive effects on competition within the meaning of Article 101(1).
However, even ifthe standards led to restrictive effects on competition, the conditions set out in Article 101(3) would seem to be fulfilled.
The foreclosure effect of the agreement would then be likely to be considered to give rise to restrictive effects on competition within the meaning of Article 101(1).
A production agreement can give rise to restrictive effects on competition if it involves an exchange of commercially strategic information that can lead to a collusive outcome or anti-competitive foreclosure.
Whether the exchange of information in the context of a production agreement is likely to lead to restrictive effects on competition should be assessed according to the guidance given in Chapter 2.
Whether a production agreement is likely to give rise to restrictive effects on competition depends on the situation that would prevail in the absence of the agreement with all its alleged restrictions.
Even if there is public availability of data(for example, information published by regulators),the existence of an additional information exchange by competitors may give rise to restrictive effects on competition if it further reduces strategic uncertainty in the market.
Analysis: This standardisation agreement is likely to give rise to restrictive effects on competition within the meaning of Article 101(1) and is unlikely to meet the criteria of Article 101(3).
Firstly, standard terms for the sale of consumer goods or services where the standard terms define the scope of the product sold to the customer, and where therefore the risk of limiting product choice is more significant,could give rise to restrictive effects on competition within the meaning of Article 101(1) where their common application is likely to result in a de facto alignment.
Even if the exchange creates some risk of giving rise to restrictive effects on competition, the efficiency gains stemming from increasing supply to places with high demand and decreasing supply in places with low demand is likely to offset potential restrictive effects. .
Whether the exchange of information in the context of a joint purchasing arrangement is likely to lead to restrictive effects on competition should be assessed according to the guidance given in Chapter 2.
Generally, a production agreement is more likely to lead to restrictive effects on competition in a concentrated market than in a market which is not concentrated.
Consequently, the outsourcing agreement is not likely to give rise to restrictive effects on competition within the meaning of Article 101(1).
Analysis: These standard terms are not likely to give rise to restrictive effects on competition within the meaning of Article 101(1).
Consequently, this information exchange is likely to give rise to restrictive effects on competition within the meaning of Article 101(1).
Consequently, the exchange of information is unlikely to give rise to restrictive effects on competition within the meaning of Article 101(1).