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Words: | Submitted: Mon Jun 19 2006
... agreement if found to be contrary to policy will be made void, unless they can show some sign of why it is not and they will receive an exemption. The Article sets out what is prohibited, what will happen if the rules are broken and how the commission will deal with exemptions. Undertakings This can be interpreted widely and has no defined meaning. This can mean that any entity from a sole trader to the biggest multinational can come into this heading, as long as they have an economic role. See the cases of Hofner and Elsner v Macrotron1, RAI/Unitel2 and Merci Convenzionale Porto di Genova v Siderurgica Gaberielle SpA3. Even undertakings run by the Member State can come under this. See the case Job Centre Coop4. Even when a company is a subsidiary of a bigger company it will still have to come in line within the EC. See the cases ...
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