The notion of 'concerted practice' under EU and Maltese competition law

Abstract

This thesis aims to explore the notion of 'concerted practice', particularly within the ambit of EU and Maltese Competition Law. Chapter 1 will serve a dual purpose in that it will act as an introduction to competition law and will then more specifically focus on 'concerted practice' itself. In the introductory part of this chapter, the objectives of competition law shall be briefly discussed. Article 101(1) TFEU will then be examined, following which, a brief overview of 'concerted practice' within differing legislations shall ensue. Chapter 2 will embark upon an exposition of what amounts to 'concerted practice'. The first part of this chapter shall focus on defining and identifying the elements of 'concerted practice'. EU case law shall be utilised in order to explain how the Courts have interpreted 'concerted practice'. The concluding part of this chapter shall delve into the type of evidence which is required to prove collusion. Chapter 3 will then move on to examine the difficulties encountered when it comes to proving 'concerted practice', particularly, in an oligopolistic setting. The first part of this chapter will explore the meaning and nature of oligopolies. The remaining part of the chapter shall then specifically focus on proving 'concerted practices' in oligopolistic markets. Chapter 4 will undertake a comparative analysis of 'concerted practice' within different legislations. The analysis shall focus on case law of the EU, Malta, the USA and Australia. Chapter 5 will then serve as the concluding part of this thesis.