Question: Problem question (based on a past assessment question) Wellar Plastics Limited (Wellar) manufactures PlastiWeb, a specialist material used in the manufacture of tubes for toothpaste

Problem question (based on a past assessment question) Wellar Plastics Limited (Wellar) manufactures PlastiWeb, a specialist material used in the manufacture of tubes for toothpaste and similar products. Wellar has an approximate 15% share of the Irish market for PlastiWeb but it also has customers based in other European countries. Seven other companies are active in the European production of Plastiweb. Wellar has received a complaint from one of its regular customers, Bostuck Limited (Bostuck) regarding price increases made by Wellar over the last 18 months. Bostuck also claims that when it approached several other European producers of PlastiWeb, the prices quoted were remarkably similar. Furthermore, two Irish producers said they could not supply Bostuck with PlastiWeb. Bostuck is threatening to take whatever legal action is appropriate against Wellar and the other producers of PlastiWeb. Wellar's sales director admits that she does discuss target prices for PlastiWeb with the other PlastiWeb producers and that she has also exchanged information on sales volumes and market shares. Most conversations happen in the form of monthly telephone conversations but the producers also meet at trade conferences. Wellar's sales director did not think there was anything wrong with this. i) How will the relevant market be defined for the purposes of EU Competition Law? ii) Will the conduct described above fall within Article 101(1) TFEU? iii) Explain whether the parties will be able to rely on any exemptions or exceptions to avoid them being in breach of Article 101(1) TFEU. iv) What are the possible legal implications for Wellar and its fellow producers if they are found to be in breach of Article 101(1) TFEU and what action would you advise Wellar to take in respect of this matter? Compare and contrast the actions that could be taken if Wellar and its fellow producers operate within the US instead of the EU.

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