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

Under Regulation No 1/2003, when the competition authorities of the Member States apply national competition laws to practices prohibited under Article 101 and 102 TFEU, they must also apply EU competition law . The principle of the primacy of EU law referred to in Article 3(2) of the regulation carries with it the obligation for NCAs to implement national laws in conformity with the relevant EU provisions. Thus, practices that may affect trade between Member States but that do not have the effect of restricting competition within the meaning of Article 101(1) TFEU or that meet the conditions set forth in Article 101(3) or that are covered by a regulation for the implementation of Article 101(3) may not be prohibited under national law . By contrast, in the case of unilateral acts by undertakings, Member States have full discretion to adopt and implement any stricter national laws prohibiting or sanctioning such behavior.

The NCAs are bound by the Commission's interpretation of the facts of a case . Thus a favorable decision addressed by a national authority to the recipient of objections taken after the Commission decision will not affect the lawfulness of either the contested decision or the subsequent judgment .

In contrast, the Commission is not bound by the conclusions of the national authority insofar as it may reach a different conclusion where it relies in its decisions on its own evidence and documents. It is merely required that it should take into account penalties that have already been imposed by national authorities when setting fines in application of the general requirement of natural justice laid down by the Court of Justice . The Commission retains an autonomous power in respect of sanctions and can, for example, impose a fine that is 115 times greater than the one imposed by the national authorities .

But for a Member State having joined the EU when the cartel at issue had ceased to product its effects, see Case C-17/10 Toshiba Corporation, Judgment of 14 February 2012, LawLex201200000617JBJ, ruling out in this case the application of Article 101 TFEU and Article 3(3) of Regulation No 1/2003 for national proceedings opened after accession to the EU.

With the exception of national merger control legislation and laws having a different objective to that pursued by Articles 101 and 102 TFEU. See Article 3 of Regulation.

Confirmed in French law, see Competition Council Decision No 04-D-19 of 19 May 2004, LawLex200400001262JBJ.

See Case C-167/04 P JCB Service v Commission [2006] ECR I-8935, LawLex200700000303JBJ.

See Case T-151/89 Société des treillis et panneaux soudés v Commission [1995] ECR II-1191.

See Case T-141/89 Trefileurope v Commission [1995] ECR II-791, LawLex200400003654JBJ, for a fine 800 times higher.

179. Application of domestic law