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Intra-Group Arrangements under Articles 85 and 86 of the Treaty Establishing the European Economic Community

With a comparative survey of the treatment of intra-group arrangements under the American antitrust law and the competition law of Canada


Thomas Pawlikowski

The theory of enterprise unity is of particular importance to multinational enterprises with many affiliates. The law pertaining to the relationship of the various entities within such a group has to address itself to a whole array of problems. The comparison of the approaches taken by the legal systems surveyed is concerned with the antitrust perspective as discernible from the enforcement practice. The possible application of the Competition Rules to such intra-group arrangements involves an examination of conspiratorial situations in which corporate personnel, agents, unincorporated divisions and incorporated subsidiaries as well as corporations owned by the same person(s) take part.
Contents: Parent-subsidiary arrangements, imputation matters, determination of market strength, corporate personnel/agents - American-intra-enterprise/-corporate conspiracy cases - Statutory exemptions in Canada.