14. Competition law: Article 102 TFEU

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Competition Law ◽  
Internal Market ◽  
Substantial Part ◽  
National Courts ◽  
Wide Range ◽  
National Competition ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Article 102 Tfeu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 102 TFEU, which prohibits as incompatible with the internal market ‘any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it … in so far as it may affect trade between Member States’. Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.

14. Competition law: Article 102 TFEU

2019 ◽  
pp. 652-685
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Competition Law ◽  
Internal Market ◽  
Substantial Part ◽  
National Courts ◽  
Wide Range ◽  
National Competition ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Article 102 Tfeu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 102 TFEU, which prohibits as incompatible with the internal market ‘any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it … in so far as it may affect trade between Member States’. Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.

15. Enforcement of EU competition law

2019 ◽  
pp. 686-698
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Burden Of Proof ◽  
Competition Law ◽  
National Courts ◽  
Eu Competition Law ◽  
Wide Range ◽  
National Competition ◽  
Competition Laws ◽  
Complete Series ◽  
Explanatory Text ◽  
The Relationship

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.

13. Competition law: Article 101 TFEU

2019 ◽  
pp. 620-651
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Competition Law ◽  
Internal Market ◽  
Minor Importance ◽  
Member States ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 101(1) TFEU, which prohibits agreements between undertakings, decisions by associations of undertakings, and concerted practices that may affect trade between Member States, and which have as their object or effect the prevention, restriction, or distortion of competition within the internal market. All three elements must be satisfied to establish a breach of Article 101(1). This chapter also considers the implications of the new Commission Notice on Agreements of Minor Importance (de minimis) (2014).

13. Competition law: Article 101 TFEU

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Competition Law ◽  
Internal Market ◽  
Minor Importance ◽  
Member States ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 101(1) TFEU, which prohibits agreements between undertakings, decisions by associations of undertakings, and concerted practices that may affect trade between Member States, and which have as their object or effect the prevention, restriction, or distortion of competition within the internal market. All three elements must be satisfied to establish a breach of Article 101(1). This chapter also considers the implications of the new Commission Notice on Agreements of Minor Importance (de minimis) (2014).

15. Enforcement of EU competition law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Burden Of Proof ◽  
Competition Law ◽  
National Courts ◽  
Eu Competition Law ◽  
Wide Range ◽  
National Competition ◽  
Competition Laws ◽  
Complete Series ◽  
Explanatory Text ◽  
The Relationship

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.

4. Enforcing EU law rights in national courts

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Eu Law ◽  
National Courts ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
State Liability ◽  
The Relationship ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.

8. EU competition law: Article 102 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
Dominant Position ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Abusive Behaviour ◽  
Article 102 Tfeu

This chapter focuses on Article 102 of the Treaty on the Functioning of the European Union (TFEU). Article 102 prohibits, as incompatible with the internal market, any abuse by undertakings in a dominant position within the internal market in so far as it may affect trade between Member States. It should be noted at the outset that ‘dominance’ itself is not prohibited, but only when such dominance is accompanied with abusive behaviour that may affect trade. Like Article 101, Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.

6. Preliminary references

2019 ◽  
pp. 238-311
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Decision Making ◽  
National Court ◽  
Decision Making Process ◽  
Preliminary Ruling ◽  
National Courts ◽  
Court Of Justice ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter considers the procedure whereby a national court may make a preliminary reference to the Court of Justice under Article 267 TFEU and receive a preliminary ruling on the questions which it has referred. The chapter examines the questions of law that may be referred to the Court of Justice; the criteria for the ‘court or tribunal’ which may make a reference; from which courts a reference is discretionary and from which it will be mandatory; references concerning the interpretation and validity of EU law; national courts’ decision-making process in preliminary references and the relevant guidelines and exceptions; procedures in the Court of Justice for dealing with preliminary references under Article 267 TFEU; and the effects of a preliminary ruling.

4. Enforcing EU law rights in national courts

2019 ◽  
pp. 122-195
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Eu Law ◽  
National Courts ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
State Liability ◽  
The Relationship ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.

6. Preliminary references

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Decision Making ◽  
National Court ◽  
Decision Making Process ◽  
Preliminary Ruling ◽  
National Courts ◽  
Court Of Justice ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter considers the procedure whereby a national court may make a preliminary reference to the Court of Justice under Article 267 TFEU and receive a preliminary ruling on the questions which it has referred. The chapter examines the questions of law that may be referred to the Court of Justice; the criteria for the ‘court or tribunal’ which may make a reference; from which courts a reference is discretionary and from which it will be mandatory; references concerning the interpretation and validity of EU law; national courts’ decision-making process in preliminary references and the relevant guidelines and exceptions; procedures in the Court of Justice for dealing with preliminary references under Article 267 TFEU; and the effects of a preliminary ruling.

Sign in / Sign up

Export Citation Format

Share Document