Price Discrimination and Eec Cartel Law: A Review of the Kodak Decision of the Commission of the European Communities

• Author: Cornelis Canenbley
• DOI: 10.1177/0003603X7201700108
• Published date: 01 March 1972
• Date: 01 March 1972

PRICE

DISCRIMINATION AND

EEC

CARTEL

LAW:

A

REVIEW

OF

THE

KODAK

DECISION OF THE

COMMISSION OF THE

EUROPEAN

COMMUNITIES

by

CORNELIS

CANENBLEY·

The

Treaty

of Rome- establishing the

European

Economic

Community (hereinafter

referred

to as

EEC)

contains two

substantive provisions regulating competition, one of which is

Article 85.2Article 85.1 prohibits "agreements between firms"

and

"concerted practices" which

are

• Member of the

Bar

of Berlin, Germany; Dr.

jur.

(German

S.J.D.), studying

at

Georgetown University Law Center on a Berlin

Airlift

Memorial Fellowship and associated with Arent, Fox, Kintner,

Plotkin

and

Kahn of Washington, D.C.

The article is based on "Das Diskriminierungsverbot im EWG Kar-

tellrecht" written by the author and published in Aussenwirtschafts-

dienst (AWD) des Betriebsberaters, April 1971, p. 164 et seq.

Appreciation is expressed to Messrs.

John

H. Vogel, New York

and

Mark J. Mathis, Washington, D.C. for their assistance in the

preparation of the English version of this article.

I6, Guide to Legislation on Restrictive Business Practices, pub-

lished by the OECD, Paris, supplement dated February 1962.

2Unofficial translation of Art. 85 as published in the Guide to

Legislation on Restrictive Business Practices:

Article 85

"1. The following shall be deemed to be inconsistent with the

Common Market

and

shall be prohibited, namely: all agreements

between firms, all decisions by associations of firms

and

all con-

certed practices likely to affect trade between the Member States

and

which have the object or effect of preventing, restraining

or distorting competition within the Common Market,

and

in

particular those which:

(a) directly or indirectly fix buying or selling prices or

other trading terms,

(b) limit or control production, marketing, technical de-

velopment or investments,

(c) effect the sharing of markets or sources of supply,

(d) apply to

trade

partners unequal conditions in respect

of equivalent transactions, thereby placing them

at

a

competitive disadvantage,

(footnote continued on next page)

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