See below Essay Example | Topics and Well Written Essays - 750 words - 2

See below - Essay Examplepractices can include pin undertakings in market sharing as well as price fixing.2 term 81(2) that any such agreement be null and void.3 Article 81(3) stock-still permits a defence by allowing for exemptions in circumstances where the undertaking is made for technological advancement and can provide consumers with a fair shargon of the market.4 Exemtions are also applicable if the undertaking and not unreasonably restrain trade.5Upon an even narraow interpretation of Article 81(3) it is obvious that joint enterprises do not incur inexorable liability. In other words evidence of collusion will not be sufficient to substantiate a claim of anti-trade practices within the meaning of Article 81(3). Moreover, Article 85 of the Treaty of Rome makes provision for the European bearing to investigate suspected infringements of Article 81. This provison by implication not only erodes the exact application of Article 81 anti-competitive collusions, but also places the onus on the explosive charge to prove an Article 81 infringement. Article 85 provides as followsthe Commission shall ensure the application of the principles laid d profess in Articles 81 and 82. On application by a Member State or on its own initiative, and in cooperation with the competent authorities in the Member States, who shall give it their assistance, the Commission shall investigate cases of suspected infringement of these principles. If it finds that there has been an infringement, it shall propose appropriate measures to bring it to an end.6It is obvious that Article 85 places the jurisdiction of anti-trade conduct in violation of Article 81 with the European Commission. Moreover, the investiagtive provision implies that the Commission will have to peck sufficient evidence to satisify itself that an infringement took place that cannot be justified under the proviso contained in Article 81.The European court in NV Samenwerkende Elektriciteits-Produktiebedrijven v Co mmission of