Collusion: Agreement and concerted practice
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.
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