Business Law II (SS2019) at TU München

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Study with flashcards and summaries for the course Business Law II (SS2019) at the TU München

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What are the prerequisites of Merger Control Art 1(2)

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What are the Market Abuse prevention rules (Non-conclusive)

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

Why is state aid generally prohibited under Art 107 et seqq TFEU

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What is abuse of Market Power?

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What are the 3 Pillars of EU Competition Law?

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What does Art 3 (4) TEU postulate about the EURO

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What are the consequences of abusing Market Power?

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What was the ruling of the Bronner v Meadiaprint?

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What is Merger control?

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What are the exemptions to State Aid under Art 107(2)

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What is the aim of the EU?

Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

What should the union offer its citizen?

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Exemplary flashcards for Business Law II (SS2019) at the TU München on StudySmarter:

Business Law II (SS2019)

What are the prerequisites of Merger Control Art 1(2)

  • Annual world-wide turnover of all relevant business of at least €5b
  • Plus (!) annual EU-wide turnover of at least two relevant businesses
    of at least €250m each
  • If smaller you are subject to national competition law

Business Law II (SS2019)

What are the Market Abuse prevention rules (Non-conclusive)

-unfair pricing; limiting production, markets or technical development

-applying dissimilar conditions to equivalent transactions

-refusal-to-deal

-linkage of unconnected products or services

Business Law II (SS2019)

Why is state aid generally prohibited under Art 107 et seqq TFEU

State Aid are 

-Intervention by State or through State resources which can take a variety of forms, e.g. grants; interest relief; tax relief; state guarantees.

-intervention confers an advantage to the recipient on a selective basis, e. g. to specific companies or sectors of the industry, or to companies located in specific regions

-intervention has actually distorted or has potential to distort competition (actually or potentially distorts)

-Intervention is likely to affect trade between Member States

Business Law II (SS2019)

What is abuse of Market Power?

Rule, Art 102(1) TFEU

Any abuse by one or more undertakings of a dominant position within the internal market

Business Law II (SS2019)

What are the 3 Pillars of EU Competition Law?

  • Anticompetitive Conduct, Art 101 TFEU (‘Cartels’)
  • Abuse of Market Power, Art 102 TFEU
  • Merger Control, Regulation139 / 2004 /EC

Business Law II (SS2019)

What does Art 3 (4) TEU postulate about the EURO

‘The Union shall establish an economic and monetary union whose currency is the euro.’

Business Law II (SS2019)

What are the consequences of abusing Market Power?

-Fines and compensation

-Termination of abuse (§ 33 GWB), which can result in equal treatment or delivery of requested goods (cf. Bronner decision)

Business Law II (SS2019)

What was the ruling of the Bronner v Meadiaprint?

For the existence of an abuse, it would be necessary that the refusal of the service was likely to eliminate all competition in the newspaper market

Business Law II (SS2019)

What is Merger control?

  • control of market structure (not behaviour)
  • only mergers of union-wide relevance are subject to control
  • covers mergers and other change-of-control situations

Business Law II (SS2019)

What are the exemptions to State Aid under Art 107(2)

Social aids; disaster relief; German unification relief

Other Possible exceptions?

-Promote underdeveloped areas or important European projects

-Remedy serious economic disturbance

-Promote culture and heritage conservation

-General rule: Impact counts rather than purpose!

Business Law II (SS2019)

What is the aim of the EU?

Art 3. TEU

1. promote peace, its values and the well-  being of its peoples.

Business Law II (SS2019)

What should the union offer its citizen?

§ 3. TEU
2.freedom, security, justice

free movement of persons (capital, goods etc –>core idea of EU)is ensured in conjunction with appropriate measures with respect to external border controls, asylum,
immigration and the prevention and combating of crime.

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