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See below - Essay Example practices can include joint undertakings in market sharing as well as price fixing.2 Article 81(2) that any such agreement be null and void.3 Article 81(3) however permits a defence by allowing for exemptions in circumstances where the undertaking is made for technological advancement and can provide consumers with a â€Å"fair share† of the market.4 Exemtions are also applicable if the undertaking and not unreasonably restrain trade.5 Upon an even narraow interpretation of Article 81(3) it is obvious that joint enterprises do not incur strict liability. In other words evidence of collusion will not be sufficient to substantiate a claim of anti-trade practices within the meaning of Article 81(3). Moreover, Article 85 of the Treaty of Rome makes provision for the European Commission to investigate suspected infringements of Article 81. This provison by implication not only erodes the strict application of Article 81 anti-competitive collusions, but also places the onus on the Commission to prove an Article 81 infringement. Article 85 provides as follows: â€Å"†¦the Commission shall ensure the application of the principles laid down in Articles 81 and 82. On application by a Member State or on its own initiative, and in cooperation with the competent authorities in the Member States, who shall give it their assistance, the Commission shall investigate cases of suspected infringement of these principles. If it finds that there has been an infringement, it shall propose appropriate measures to bring it to an end.†6 It is obvious that Article 85 places the jurisdiction of anti-trade conduct in violation of Article 81 with the European Commission. Moreover, the investiagtive provision implies that the Commission will have to collect sufficient evidence to satisify itself that an infringement took place that cannot be justified under the proviso contained in Article 81. The European court in NV Samenwerkende Elektriciteits-Produktiebedrijven v Commission of