Today, the Treaty of Lisbon prohibits anti-competitive agreements in Article 101(1), including price fixing . According to Article 101(2) any such agreements are automatically void. Article 101(3) establishes exemptions, if the collusion is for distributional or technological innovation, gives consumers a "fair share" of the benefit and does not include unreasonable restraints that risk eliminating competition anywhere (or compliant with the general principle of European Union law of proportionality ). Article 102 prohibits the abuse of dominant position ,  such as price discrimination and exclusive dealing. Article 102 allows the European Council regulations to govern mergers between firms (the current regulation is the Regulation 139/2004/EC ).  The general test is whether a concentration (. merger or acquisition) with a community dimension (. affects a number of EU member states) might significantly impede effective competition . Articles 106 and 107 provide that member state's right to deliver public services may not be obstructed, but that otherwise public enterprises must adhere to the same competition principles as companies. Article 107 lays down a general rule that the state may not aid or subsidize private parties in distortion of free competition and provides exemptions for charities , regional development objectives and in the event of a natural disaster . [ citation needed ]
Antitrust & Unfair Competition Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
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Violations of the Sherman Act fall (loosely  ) into two categories: