UUÂãÁÄÖ±²¥

In practice neither Article 101(1) TFEU or the Competition Act 1998 (CA 1998), s 2 require a clear delineation between the concept of agreement or that of a concerted practice with the result that while conceptually it should be possible to distinguish between the two, in practice it is unnecessary. However, it is clear that the prohibition in Article 101(1) TFEU and CA 1998, s 2 is meant to go beyond conduct attributable to an agreement or decision, and yet circumstantial evidence of parallel behaviour is insufficient to support a finding of infringement. The concept of a concerted practice is therefore defined by the parameters of what amounts to an agreement, and conduct that is insufficient to amount to an infringement.