Consider the Commission Guidelines on the application of Article 81 3 to restrictive agreements
DISCUSSION: Consider the Commission’s Guidelines on the application of Article 81(3) to restrictive agreements. The Guidelines are non-binding on the General Court (and other courts in the EU), being merely the Commission’s interpretation of Article 101(3). Questions: i) What are the four criteria of Article 101(3)? ii) Why is it essential to consider the criteria of Article 101(3) in the context of the Commission’s Guidelines? Note: Discuss the questions in the present tense (‘what are’ and ‘why is it’), it is appropriate to use the present terminology (‘Article 101(3)’, ‘General Court’ etc.), rather than historical terminology.
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