Member States’ Interest in the Enforcement of EU Competition Law
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Citations
Two Forms of Modernization in European Competition Law
Merger Control and the Public Interest: Balancing EU and National Law in the Protectionist Debate
References
Article 81 EC and Public Policy
Two Forms of Modernization in European Competition Law
Two Forms of Modernization in European Competition Law
Brave new world: The modernization and decentralization of enforcement under Articles 81 and 82 of the EC Treaty
The Controversies of the Consumer Welfare Standard
Related Papers (5)
Integrate or separate. Institutional design for the enforcement of competition law and consumer law
Frequently Asked Questions (6)
Q2. What is the meaning of Article 3(1) of the Act?
45 Article 3(1) of the Act provides: “Agreements between competing undertakings and decisions by associations of undertakings, whose subject matter is the rationalisation of economic activities through cooperation among enterprises, fulfill the conditions of Section 2(1) if: a) competition on the market is not significantly affected thereby, and 2) the agreement or the decision serves to improve the competitiveness of small or medium-sized enterprises.”
Q3. What is the role of national interest in the enforcement of EU competition law?
the role of national interest in the enforcement of EU competition law has so far only received attention in the fields of merger control and State aid rules (see Jones and Davies 2015; Reader 2016), which are still enforced in a centralised manner by the Commission.
Q4. What was the reason for the Commission’s objection to the revised rule?
the Commission objected to this change and noted that the revised rule could have removed hard-core restrictions that affect trade between Member States from the scope of Article 101 TFEU (Dutch Parliament 2010).
Q5. What is the effect of the German rule on the competitiveness of SMEs?
It follows qualitative criteria and requires examining whether an agreement has the effect of rationalising economic activities and serves to improve the competitiveness of SMEs.
Q6. What was the basis for the application of the de minimis rule?
OJ C372/04, paragraph 19.late 1990s, the basis for the application of the de minimis rule changed from the size of the relevant undertaking to its market power.