... they would both go through. This is a concertive practise. It is when you read the Summation and Conduct yourself in a manner that = mutual gain. The main problem is PROOF!! There is no concrete evidence. The Commission must look at the market and show that concertive practise is the only possible solution for the market situation - ie lack of competition. Defence = If parties can show there is a sound reason for the collusion. For example, shinty sticks. Here you have to look at definition (think hurling, hockey sticks). Shinty is a sport played only in one member state. If there is a cartel between shinty stick manufacturers then it may inhibit the growth of new manufacturers. NB. Yet this is only concerned with competition between states that is "appreciable" - Does it produce an effect upon the competition? The Commission says that if parties to the concertive practise got less ...

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