January 1985

Anticompetitive practices

 The EU Court of Justice states that a challenge to fixed minimum prices for petrol does not engage a State’s liability as there is no agreement made between undertakings (Cullet / Centre Leclerc)
European Court of Justice (Luxembourg)
Luxembourg 318 contributions 87936 visits
Case 231/83 Henri Cullet and Chambre syndicale des réparateurs automobiles et détaillants de produits pétroliers v Centre Leclerc Toulouse and Centre Leclerc Saint-Orens-de-Gameville ’National rules on fuel prices’* 1. Although the rules laid down in Article 85 (1) of the Treaty are concerned (...)

The EU Court of Justice states that French legislation requiring retailers of books to comply with minimum resale prices imposed by publishers infringes the Treaty as it deprives the competition rules of their effectiveness (Leclerc)
European Court of Justice (Luxembourg)
Luxembourg 318 contributions 87936 visits
Case 229/83 Association des Centres distributeurs Édouard Leclerc and Others v Sàrl ’Au blé verť and Others ’Fixed prices for books’* 1. Whilst it is true that the rules on competition set out in Article 85 (1) of the EEC Treaty are concerned with the conduct of undertakings and not with national (...)

Procedures

 The EU Court of Justice states that Article 81(1) applies to the decisions of a trade association (BNIC / Clair)
European Court of Justice (Luxembourg)
Luxembourg 318 contributions 87936 visits
Case 123/83 Bureau national interprofessionnel du cognac v Guy Clair* 1. Article 85 of the Treaty applies to agreements between undertakings and decisions by associations of undertakings. The legal framework within which such agreements are made and such decisions are taken and the (...)

The EU Court of Justice establishes that trade mark delimitation agreements are permissible and fall outside Article 81 (1) where they served to avoid confusion or conflict between the parties (BAT)
European Court of Justice (Luxembourg)
Luxembourg 318 contributions 87936 visits
Case 35/83 BAT Cigaretten-Fabriken GmbH v Commission of the European Communities ’Competition law and trade mark law’* Even though it must be recognized that agreements known as ’delimitation agreements’ are lawful and useful where they serve to delimit, in the mutual interest of the parties, (...)

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