A aplicação do direito da concorrência diante de irregularidade de agente económico alvo de recusa de contratar concertada Comentário a Acórdão do Tribunal de Justiça Europeu

Abstract

This article intends to comment a precedent decided by the European Court of Justice in the case C-68/12 of 7 February 2013, which basically analyzes the application of the prohibition in Article 101, paragraph 1 of theTFEU before a cartel that restricted competition, as well as the necessity to demonstrate personal conductofa representativeauthorized under the undertaking's constitution or the its personal assent, in the form of a mandate to a employee, who has participated in an anti-competitive meeting, and, finally, the application of the exception to the prohibition of Art 101, paragraph 1, of the Treaty contained in paragraph 3 of the same article.