Article 85(1) of the EEC Treaty prohibits 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 common market. All such arrangements are automatically null and void under Article 85(2), unless exempted by the Commission pursuant to Article 85(3). The text of Article 85 is as follows: "1. The following shall be prohibited as incompatible with the common 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 common 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. (Source: CLAORG)
Article 85(1) of the EEC Treaty prohibits 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 common market. All such arrangements are automatically null and void under Article 85(2), unless exempted by the Commission pursuant to Article 85(3). The text of Article 85 is as follows: "1. The following shall be prohibited as incompatible with the common 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 common 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. (Source: CLAORG)
As regards distortions in competition, certain general bans on types of sales promotions may give rise to appreciable distortions of competition.
När det gäller snedvridningar av konkurrensen kan vissa allmänna förbud mot typer av säljfrämjande åtgärder ge upphov till avsevärda snedvridningar av konkurrensen.
This considerably undermines road safety and also leads to considerable distortions of competition in the driving school sector.
Det här leder inte enbart till grovt äventyrande av trafiksäkerheten utan också till en ordentlig snedvridning av konkurrensen inom bilskolsektorn.not-set not-set
So.Ge.A.AL underlines that no distortion of competition can arise as a result of public financing granted to it.
So.Ge.A.AL understryker att ingen snedvridning av konkurrensen kan uppstå som en följd av den offentliga finansiering som företaget har erhållit (39).EurLex-2 EurLex-2