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The Boundaries of EC Competition LawThe Scope of Article 81$
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Okeoghene Odudu

Print publication date: 2006

Print ISBN-13: 9780199278169

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199278169.001.0001

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Collusion: Agreement and concerted practice

Collusion: Agreement and concerted practice

(p.57) 4 Collusion: Agreement and concerted practice
The Boundaries of EC Competition Law

Okeoghene Odudu

Oxford University Press

This chapter aims to identify and develop the concepts of agreement and concerted practice used in Article 81 EC. Collusion plays a central role in drawing the boundary of Article 81 EC. Article 81 EC applies only to agreements between undertakings, decisions of associations of undertakings, and concerted practices. Agreements, decisions, and concerted practices are forms of collusion. Moreover, both agreement and concerted practice are methods by which undertakings can reduce uncertainty about the future conduct of others. This means that agreement and concerted practices have the same nature and are discernible from each other by their intensity and the forms in which they are evident.

Keywords:   agreement, concerted practice, collusion, undertaking, conduct

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