Chapter 9

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  1. Question 1 of 9

    1. What limit does Art 23 of R1/2003 place upon a fine imposed on a party guilty of breaking EU law?

    • Correct. Feedback: The answer is the largest of the three – 10%.

    • Incorrect. Feedback: The answer is the largest of the three – 10%.

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  2. Question 2 of 9

    2. In which one of the following cases was 'Dominance' established as being 'a position of economic strength enjoyed by an undertaking which enables it to behave...to an appreciable extent independently of its competitors, customers and ultimately of its consumers'?

    • Correct. Feedback: This is the classic statement of dominance from United Brands.

    • Incorrect. Feedback: This is the classic statement of dominance from United Brands.

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  3. Question 3 of 9

    3. The Commission's decision that the Intel Corporation was abusive of a dominant position under Art 102 was based upon what kind of customer system adopted by Intel?

    • Correct. Feedback: Intel were found guilty of encouraging companies to stay with them by the use of loyalty rebates.

    • Incorrect. Feedback: Intel were found guilty of encouraging companies to stay with them by the use of loyalty rebates.

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  4. Question 4 of 9

    4. Which case concerned refusal to supply?

    • Correct. Feedback: ICI attempted to drive their competitor out of the market by refusing to supply them with a necessary raw material.

    • Incorrect. Feedback: ICI attempted to drive their competitor out of the market by refusing to supply them with a necessary raw material.

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  5. Question 5 of 9

    5. Which abuse of Art 102 was found in the case Tetrapak Rausing SA v Commission?

    • Correct. Feedback: Tetrapak were guilty of predatory pricing as they tried to undercut their competitors.

    • Incorrect. Feedback: Tetrapak were guilty of predatory pricing as they tried to undercut their competitors.

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  6. Question 6 of 9

    6. In which of the following cases was the spare parts market discussed as key to understanding the potential dominance of a company?

    • Correct. Feedback: Because Hugin had a specialist product requiring spare parts that were only available from them, this was an influential factor in the case decision.

    • Incorrect. Feedback: Because Hugin had a specialist product requiring spare parts that were only available from them, this was an influential factor in the case decision.

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  7. Question 7 of 9

    7. Microsoft were found guilty by the Commission of which breach of Art 102 TFEU?

    • Correct. Feedback: Not only did Microsoft bundle their Windows media player into their operating system, they also refused access to their intellectual property.

    • Incorrect. Feedback: Not only did Microsoft bundle their Windows media player into their operating system, they also refused access to their intellectual property.

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  8. Question 8 of 9

    8. Which one of the following is not a relevant market for the purpose of competition law?

    • Correct. Feedback: Brand recognition is a factor in dominance but is not one of the markets specified in the Notice on Relevant Markets.

    • Incorrect. Feedback: Brand recognition is a factor in dominance but is not one of the markets specified in the Notice on Relevant Markets.

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  9. Question 9 of 9

    9. In what market were Michelin dominant in the case Nederlandsche Banden-Industrie Michelin NV v Commission?

    • Correct. Feedback: In this case, they were found guilty of dominating the heavy goods vehicle tyre market as the ECJ found that there was no generic tyre market: instead the market was split into different ones.

    • Incorrect. Feedback: In this case, they were found guilty of dominating the heavy goods vehicle tyre market as the ECJ found that there was no generic tyre market: instead the market was split into different ones.

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