Competition Rules in the European Economic Area

1993 ◽  
Vol 21 (1) ◽  
pp. 16-32
Author(s):  
Fariborz Nozari
Keyword(s):  
World Trade ◽  
Trade Association ◽  
European Economic Area ◽  
Social Unit ◽  
European Economic ◽  
European Free Trade Association ◽  
Economic Area ◽  
The World ◽  
Competition Rules ◽  
Economic Bloc

On October 22, 1991, after exhaustive negotiations between the European Community (EC) and the Member States of the European Free Trade Association (EFTA) an agreement on the formation of the European Economic Area (EEA) was reached. Hence, the foundation was laid for an economic and social unit embracing 19 countries and about 380 million people, forming the world's largest economic bloc and a regional single market responsible for ca.40 percent of the world trade.The Agreement consists of a preamble and nine parts covering the objectives and principles, the four freedoms of movements of goods, persons, service and capital, provisions on competition and other common rules, horizontal policies relevant to the four freedoms, cooperation outside the four freedoms, institutional provisions, funding, and final provisions.

One Market, Two Courts: Legal Pluralism vs. Homogeneity in the European Economic Area

2010 ◽  
Vol 79 (4) ◽  
pp. 481-499 ◽  
Author(s):  
Halvard Haukeland Fredriksen
Keyword(s):  
Trade Association ◽  
European Economic Area ◽  
Final Word ◽  
European Economic ◽  
The Past ◽  
European Free Trade Association ◽  
Court Of Justice ◽  
Economic Area ◽  
European Court ◽  
The Common

AbstractIn this article the apparent incompatibility between the judicial architecture of the European Economic Area (EEA) and the overall goal of uniform interpretation and application of the common rules in all EEA States is examined. In practice, homogeneity appears achievable only if the European Free Trade Association (EFTA) Court succumbs to the European Court of Justice (ECJ), granting the latter the final word on the interpretation of the EEA Agreement. It is argued that, as far as substantive EEA law is concerned, this is exactly what the EFTA Court has done over the past 17 years of the EEA's existence. The result is a well-functioning EEA Agreement. The price to pay for the EFTA States is the revelation of the perhaps inconvenient truth that the de facto supreme authority on the interpretation of EEA law rests with the ECJ.

2. Overview of EU and UK competition law

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Economic Area ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Competition Laws ◽  
The Relationship ◽  
The Eu

This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.

The European Economic Area Agreement: A Case of Legal Pluralism

2009 ◽  
Vol 78 (2) ◽  
pp. 201-223 ◽  
Author(s):  
Tor-Inge Harbo
Keyword(s):  
Direct Effect ◽  
Dominant Role ◽  
Legal Pluralism ◽  
Trade Association ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
Set Up ◽  
Concept Of Law

AbstractIn the article the author discusses the European Economic Area (EEA) Agreement in light of theories of constitutional and legal pluralism. The author begins with a presentation of the EEA Agreement and compares it with the European Union (EU) legal order. It is pointed out that one of the differences between the two legal regimes is the fact that the EU law principle of direct effect is not applicable in EEA law. Since there is no provision in the EEA Agreement which hinders the establishment of direct effect in EEA law, the author seeks to find the deeper explanation for the rejection of the principle. This leads into an elaboration of the pragmatic concept of law. An important feature of this concept of law is the dominant role of the will of the legislator. This constitutional set-up is also reflected in the concept of sovereignty, which is one leading rational of the EEA Agreement. Being in the squeeze between the two rationalities of the EEA Agreement: sovereignty and homogeneity, the European Free Trade Association (EFTA) Court has been willing to take into consideration contextual particularities. This contextual or legal pluralistic approach is a result of an implicit and explicit judicial dialogue, which secures the legitimacy of the EFTA Court and the EEA Agreement.

Iceland

2017 ◽  
Author(s):  
Gabriel Moss QC ◽  
Bob Wessels ◽  
Matthias Haentjens
Keyword(s):  
European Commission ◽  
Free Trade ◽  
Internal Market ◽  
Trade Association ◽  
European Economic Area ◽  
European Economic ◽  
Eu Legislation ◽  
European Free Trade Association ◽  
The Eu

Iceland is not a member of the EU. However, as a member of the European Free Trade Association (EFTA), it participates in the EU’s internal market through the Agreement on the European Economic Area (EEA). Iceland adopts EU legislation with the most notable exclusions being laws regarding agriculture and fisheries. The EEA was established on 1 January 1994 upon entry into force of an agreement between the EFTA States and the EU’s predecessors. A Joint Committee consisting of the EEA–EFTA States plus the European Commission, representing the EU, has a role of extending relevant EU law to the non-EU members. An EEA Council meets at least biannually to govern the overall relationship between the EEA members. The EFTA Surveillance Authority and the EFTA Court regulate the activities of the EFTA members in respect of their obligations under the EEA Agreement.

2. Overview of EU and UK competition law

2021 ◽  
pp. 49-82
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Economic Area ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Competition Laws ◽  
The Relationship ◽  
The Eu

This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law in those jurisdictions. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.

scholarly journals Horizontal Direct Effect of the Charter in EU Law: Ramifications for the European Economic Area

2020 ◽  
Vol 3 (2) ◽  
pp. 1-24
Author(s):  
Graham Butler ◽  
Marius Meling
Keyword(s):  
Direct Effect ◽  
Fundamental Rights ◽  
Trade Association ◽  
European Economic Area ◽  
Eu Law ◽  
The European Union ◽  
Specific Expression ◽  
European Economic ◽  
Economic Area ◽  
Horizontal Direct Effect

In a consistent line of jurisprudence, the Court of Justice of the European Union (CJEU) has now stated that, as a last resort, provisions of the EU Charter of Fundamental Rights (the Charter) can have horizontal direct effect. More specifically, this possibility occurs when a provision of the Charter has been given specific expression to from a directive. Whilst it has long been the case that directives in themselves continue to not have horizontal direct effect in EU law, there is no doubting that the horizontal direct effect of provisions of the Charter, which in turn are given specific expression to from a directive, is increasingly being found. This possibility of horizontal direct effect of the Charter is of striking significance for European Economic Area (EEA) law for two reasons. Firstly, there is no doctrine of direct effect in EEA law according to the European Free Trade Association (EFTA) Court; and secondly, the Charter is not incorporated into EFTA pillar of EEA law in any way. Given the potential for the widening divergence between EU law and EEA law on the existence of horizontal direct effect of the Charter when given specific expression to from a directive, with a homogeneity gap opening up, this article considers the ramifications for the EEA of such advances in EU law, and proposes some solutions for how these EU legal developments can be responded to within EEA law.

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