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Article 101 : ウィキペディア英語版
Article 101 of the Treaty on the Functioning of the European Union
Article 101 of the Treaty on the Functioning of the European Union prohibits cartels and other agreements that could disrupt free competition in the European Economic Area's internal market . Article 101 reads,〔(TFEU )〕
1. The following shall be prohibited as incompatible with the internal market all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:
:(a) directly or indirectly fix purchase or selling prices or any other trading conditions;
:(b) limit or control production, markets, technical development, or investment;
:(c) share markets or sources of supply;
:(d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
:(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
2. Any agreements or decisions prohibited pursuant to this article shall be automatically void.
3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
:any agreement or category of agreements between undertakings,
:any decision or category of decisions by associations of undertakings,
:any concerted practice or category of concerted practices,
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:
::(a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;
::(b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

Businesses who infringe these rules can be subjected to large fines by the European Commission or national competition authorities.
Prison is not available as a punishment under Article 101 itself.
Some countries within the European Union have laws that impose criminal sanctions, including prison, for participation in anti-competitive agreements or practices.
==Goals==
The goals of Article 101 TFEU (ex Article 81 EC) are unclear. There are two main schools of thought. The predominant view is that only consumer welfare considerations are relevant there.〔''See, for example, the Commission's Article 101(3) Guidelines, the CFI's recent Glaxo Case and certain academic works, such as Okeoghene Odudu, The boundaries of EC competition law: the scope of article 101.'' Oxford: Oxford University Press, 2006.〕 However, a recent book argues that this position is erroneous and that other Member State and European Union public policy goals (such as public health and the environment) should also be considered there.〔Chris Townley, ''Article 101 TFEU and Public Policy'', Hart Publishing, 2009.〕 If this argument is correct then it could have a profound effect on the outcome of cases〔The ECJ's judgement in the ''Glaxo'' case is eagerly awaited, for example.〕 as well as the Modernisation process as a whole.
The main objectives of the EU competition law are to maintain openness and unify the internal market; to ensure economic efficiency in the marketplace; to ensure the conditions of effective competition and competitiveness; and to protect consumers.〔Kaczorowska, Alina European Union Law. Milton Park, Abingdon, Oxon : Routledge, 2011. Print.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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