[1] Conventional wisdom declares that the aim of domestic competition law (such as that of the UK) is to provide a remedy to litigants whose interests are damaged by the anti-competitive behaviour of others, whereas the EU takes a broader view and has the goal of maintaining transparent markets and a "level playing field".
The provisions of paragraph 1 may, however, be declared inapplicable in the case of: which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not: Businesses ("undertakings") infringing the provisions of Article 101 are liable to a fine of up to 10% of its worldwide annual turnover[7] by the European Commission.
[9] Article 101 TFEU does not specifically ban cartels, instead declaring as illegal all "agreements, decisions and concerted practices" which are anti-competitive and which distort the single market.
[10] The term excludes (i) employees, who are by their "very nature the opposite of the independent exercise of an economic or commercial activity",[11] and (ii) public services based on "solidarity" for a "social purpose".
According to Advocate General Reischl in Van Landewyck [1980][13] there is no need to distinguish an agreement from a concerted practice, because they are merely convenient labels.
However, a coincidental increase in prices will not in itself prove a concerted practice, there must also be evidence that the parties involved were aware that their behaviour may prejudice the normal operation of the competition within the common market.
In Van Eycke v. ASPA, the Court has found that article 101 "require[s] the Member States not to introduce or maintain in force measures, even of a legislative nature, which may render ineffective the competition rules applicable to undertakings".
First, Article 101(3) creates an exemption where the practice is beneficial to consumers, e.g., by facilitating technological advances (efficiencies), but does not restrict all competition in the area.