European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

In principle, Articles 101 and 102 only relate to undertakings. However, it would appear that by combining them with Articles 3(b) - establishing of the competition rules necessary for the functioning of the internal market - and 4 TEU - abstention by any Member State from all action likely to jeopardize the attainment of objectives of the Treaty - that a Member State may not take or maintain in f …

Public regulation

In principle, Articles 101 and 102 only relate to undertakings. However, it would appear that by combining them with Articles 3(b) - establishing of the competition rules necessary for the functioning of the internal market - and 4 TEU - abstention by any Member State from all action likely to jeopardize the attainment of objectives of the Treaty - that a Member State may not take or maintain in force any measures, whether legislative or regulatory, which may render ineffective Articles 101 and 102 . As they are not in compliance with the EU rules, such regulations are rendered wholly ineffective.

A State may not facilitate the abusive exploitation of a dominant position , promote the setting up of a cartel or reinforce the effects of anticompetitive behavior . The EU authorities also penalize acts by which a State deprives its own legislation of its official character by delegating to private traders responsibility for taking decisions affecting the economic sphere . This is also the case where national legislation requiring the price of haulage services for hire and reward not to be lower than minimum operating costs, which are fixed by a body composed mainly of representatives of the economic operators concerned which is not under an obligation to act in the public interest . This is not the case however for the creation of a commission composed of economic operators when it only has an advisory role and the mayor has the sole power to grant authorizations . A Member State has not divested its own rules of the character of legislation by delegating to private economic operators responsibility for taking decisions affecting the economic sphere merely by the fact that before fixing the price of the service the representatives of operators have been heard . A professional body, without violating Articles 101 TFEU and 4 TEU, may also be charged by national legislation to draw-up draft minimum fees for its members where the State has not given up exercising its power, since the coming into force of the draft is subject to the approval by the Minister of Justice, who has the power to amend it and the fees may be liquidated by the court authorities on the basis of the draft . Similarly, the opinions of a municipal committee ruling on the license to open a shop when representatives of economic organizations within the commission are in a minority and are present only as experts and that the municipal committee is required to observe the public interest, do not constitute agreements . 

See especially Case 13/77 INNO v ATAB [1977] ECR 2115, LawLex200400002780JBJ; Case 276/88 Wuidart and others v Laiterie coopérative eupenoise and others [1990] ECR I-435.

Case 13/77 INNO v ATAB [1977] ECR 2115, LawLex200400002780JBJ.

Case 311/85 VVR v Sociale Dienst van de Plaatselijke en Gewestelijke Overheidsdiensten [1987] ECR 3801, LawLex200500003944JBJ; Case C-2/91 Criminal proceedings against Meng [1993] ECR I-5751, LawLex200400003668JBJ; Case C-35/99 Arduino [2002] ECR I-1529, LawLex200400003571JBJ.

Case 276/88 Wuidart and others v Laiterie coopérative eupenoise and others [1990] ECR I-435; Case C-185/91 Bundesanstalt für den Güterfernverkehr v Reiff [1993] ECR I-5801, LawLex200400003667JBJ; Cases C-140/94 through C-142/94 DIP and others v Comune di Bassano del Grappa and others [1995] ECR I-3257, LawLex200400002894JBJ.

Case C-184/13 API SpA and others, Judgment of 4 September 2014, LawLex201400000858JBJ.

Case C-185/91 Bundesanstalt für den Güterfernverkehr v Reiff [1993] ECR I-5801, LawLex200400003667JBJ and C-245/91 Criminal proceedings against Ohra Schadeverzekeringen [1993] ECR I-5851, LawLex200400003666JBJ; Case C-153/93 Germany v Delta Schiffahrts- und Speditionsgesellschaft [1994] ECR I-2517, LawLex200400003663JBJ; Case C-250/03 Mauri [2005] ECR I-1267 LawLex200500005301JBJ.

Case C-121/16 Salumificio Murru SpA cv Autotrasporti di Marongiu Remigio, Judgment of 21 June 2016, LawLex201600001295JBJ.

Case C-386/07 Hospital Consulting and others [2008] ECR I-67*, Summ.pub., not available in English.

Cases C-140/94 through C-142/94 DIP and others v Comune di Bassano del Grappa and others [1995] ECR I-3257, LawLex200400002894JBJ.

European Competition Law

24. Public regulation

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24. Public regulation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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