Question 6Quickgrow Limited is the largest producer of tomatoes in Greece with a 60%share of the production of tomatoes in Greece. It also grows cucumbers butonly has a 5% share of the production of cucumbers in Greece. QuickgrowLimited’s share of the combined production of cucumbers and tomatoes inGreece is less than 20%. A distributor of Quickgrow Limited’s tomatoes hasalleged to the European Commission that Quickgrow Limited has tried to fix there-sale price of its tomatoes to the final consumer.
You work at the European Commission’s Directorate-General for Competitionand have been asked to determine if Quickgrow Limited has a dominantposition within the meaning of Article 102 TFEU. In this context, set out thecriteria developed by the European Commission and the CJEU for determiningthe relevant product and geographic markets in respect of Quickgrow Limited.
Programme Code: DT321 Module Code: LAW4000 CRN: TECHNOLOGICAL UNIVERSITY DUBLIN AUNGIER ST CAMPUS _____________ DT532, DT321: LLB Bachelor of Law, Bachelor of Business and Law ______________ SEMESTER 2 EXAMINATIONS 2020/21 Supplemental Exam ______________ Module Title: Competition Law Internal Examiner: Dr Mark Hyland External Examiner: Dr. Marek Martyniszyn The Exam must be completed and uploaded to the appropriate Brightspace module before 5pm on Friday 27th August, 2021. Upload one pdf document only. You may upload at any time until the deadline but only the last uploaded document will be marked. Answers must not exceed 1,500 words per question. If you write more than 1,500 words per question, only the first 1,500 words will be marked. Answer 3 questions only. Two from Section A and one from Section B. Each question carries equal marks. Clearly mark your answers with the relevant question number. If you answer more than 3 questions, only the first three will be marked. In submitting this assessment, students confirm that they have read and agreed to the conditions set out in the TU Dublin Student Declaration of Integrity. Section A Question 1 ‘The term ‘undertaking’ is not defined in the Treaties but has been widely construed by the European Court.’ Jones and Sufrin’s EU Competition Law, Text, Cases and Materials, Seventh Edition (2019). With reference to relevant case-law, discuss how the term ‘undertaking’ has been defined by the EU courts in the context of Article 101 TFEU (33.33 marks) Question 2 In the context of complex cartels, the concept of a “single overall agreement” (sometimes termed “single and continuous infringement”) can be traced back to the mid-1980s. With reference to European Commission decisions and EU case-law, critically discuss the approach taken by the EU competition authorities to single overall agreements. (33.33 marks) Question 3 Article 101 (3) TFEU (formerly, Article 81 (3)) provides a legal exception to the prohibition contained Article 101 (1) TFEU, provided four conditions are satisfied. Paragraph 11 of the (2004) European Commission Guidelines on the application of Article 101 (3) makes reference to a balancing exercise between pro-competitive effects and anti-competitive effects in the context of an agreement restrictive of competition. Factoring in the European Commission Guidelines and citing European Commission decisions and EU case-law, how have the EU competition authorities carried out this balancing exercise in the context of Article 101 (3) TFEU? (33.33 marks) Question 4 Article 102 TFEU is more frequently applied to exclusionary behaviour than exploitative abuses. With reference to European Commission decisions and EU case-law, critically discuss exclusionary abuses committed by dominant undertakings. (33.33 marks) Section B Question 5 Film Entertainments Limited has recently constructed a state-of-the-art post-production film studio in Dublin. Film Entertainment has an 80% market-share in post-production film services in Ireland and there is no other facility in Ireland that can compete technologically with its new studio. Hand-to-Mouth Productions Limited, a small start-up post-production company in Dublin with a 5% market share, has just been awarded a contract to do the post-production work in Ireland on a new film called Return of the Zombies 6 which requires the use of post-production effects that are only available through Film Entertainments Limited’s studio. Film Entertainments Limited has refused on any terms to make its studio available to Hand-to-Mouth Productions Limited. Advise Hand-to-Mouth Productions Limited whether the refusal by Film Entertainments Limited may be in violation of Article 102 TFEU referring to relevant case-law of the EU courts. (33.33 marks) Question 6 Quickgrow Limited is the largest producer of tomatoes in Greece with a 60% share of the production of tomatoes in Greece. It also grows cucumbers but only has a 5% share of the production of cucumbers in Greece. Quickgrow Limited’s share of the combined production of cucumbers and tomatoes in Greece is less than 20%. A distributor of Quickgrow Limited’s tomatoes has alleged to the European Commission that Quickgrow Limited has tried to fix the re-sale price of its tomatoes to the final consumer. You work at the European Commission’s Directorate-General for Competition and have been asked to determine if Quickgrow Limited has a dominant position within the meaning of Article 102 TFEU. In this context, set out the criteria developed by the European Commission and the CJEU for determining the relevant product and geographic markets in respect of Quickgrow Limited. (33.33 marks) **END** 3