27. EU competition law

2020 ◽  
pp. 641-684
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
The Core ◽  
Eu Competition Law ◽  
Core Elements ◽  
The Impact

This chapter examines the core elements of competition law in the European Union (EU). It provides a number of examples of the types of agreements covered by EU competition law and shows the dangers which may arise when independent undertakings come together to coordinate their activities to distort competition. The chapter reviews the impact of anti-competitive agreements on the internal market and focuses on the abuse of market power and controls over concentrations. Overall, the chapter discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

29. EU competition law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
The Core ◽  
Eu Competition Law ◽  
Core Elements

This chapter examines the core elements of competition law in the European Union (EU) and its impact on the internal market, focusing on anti-competitive agreements, abuse of market power and controls over concentrations. It discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

17. Competition Law

2021 ◽  
pp. 717-778
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
The European Union ◽  
The Third ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Eu

This chapter assesses the EU competition law on private undertakings. The relevant Treaty section is here built upon three pillars. The first pillar deals with anticompetitive cartels and can be found in Article 101 of the Treaty on the Functioning of the European Union (TFEU). The second pillar concerns situations where a dominant undertaking abuses its market power and is found in Article 102. The third pillar is unfortunately invisible, for when the Treaties were concluded, they did not mention the control of mergers. This constitutional gap has never been closed by later Treaty amendments, yet it has received a legislative filling in the form of the EU Merger Regulation.

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.

15. Competition law

2020 ◽  
pp. 415-449
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Competition Law ◽  
Consumer Welfare ◽  
Internal Market ◽  
The European Union ◽  
Private Companies ◽  
General Terms ◽  
Eu Competition Law ◽  
Competitive Behaviour ◽  
The Uk

This chapter analyses the foundations of EU competition law. Competition law is an attempt to regulate the behaviour of private companies when active in the internal market so as to ensure that competition between different entities remains and is fair. The rules of competition law aim both to assist the completion of the internal market as well as addressing consumer welfare in more general terms. A further particularly interesting dimension is that unlike most internal market law, competition law applies regardless of the nationality of the companies or businesses active in the internal market. As such, UK companies active on the continent after Brexit will have to know these rules, regardless of whether they continue to apply in the UK. The chapter then details the two Treaty provisions that address anti-competitive behaviour: Articles 101 and 102 TFEU (Treaty on the Functioning of the European Union).

scholarly journals EU Competition Law Put to the Brexit Test: What Impact Might the Exit of the UK from the Union Have on the Enforcement of the Competition Rules?

2018 ◽  
Vol 11 (17) ◽  
pp. 7-27
Author(s):  
Arianna Andreangeli
Keyword(s):  
European Union ◽  
Future Development ◽  
Competition Law ◽  
The European Union ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Impact ◽  
Competition Enforcement

This contribution examines some of the consequences of the UK’s exit from the European Union for the enforcement of the competition rules. It reflects on the impact that Brexit is going to have on future transnational antitrust litigation in Britain and Europe. Thereafter it analyses the challenges that Brexit is likely to present for cooperation in public competition enforcement and suggests solutions for future development.

12. Competition Law: Cartels

2020 ◽  
pp. 282-306
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Competition Law ◽  
Case Law ◽  
Internal Market ◽  
The European Union ◽  
Eu Competition Law

This chapter provides an overview of EU competition law through the lens of Article 101 TFEU. Article 101 outlaws anti-competitive collusions between undertakings; that is, ‘cartels’. Historically, this form of illegal behaviour has been the most dangerous anti-competitive practice. The prohibition on any collusion between undertakings to restrict competition in the internal market is thereby set out in Article 101. The European Union has given a wide jurisdictional scope to the provision, and EU competition law generally. Yet it tries to find an appropriate balance between pro- and anti-competitive considerations for every agreement. Due to the EU's historic task to create an internal market, vertical agreements have been of particular importance to EU; and distribution agreements indeed continue to occupy a prominent place within the case law of the European Courts.

7. EU competition law: introduction and Article 101 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
Internal Market ◽  
Business Practices ◽  
The European Union ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules

Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) prohibit anti-competitive business practices. The European Commission, national competition authorities, and national courts enforce Articles 101 and 102 under powers conferred by Regulation 1/2003. From time to time, the European Commission issues non-binding notices providing clarification of the competition rules. This chapter focuses on Article 101, but begins with an outline of Articles 101 and 102 and the rules on enforcement. In broad terms, Article 101 prohibits business agreements or arrangements which prevent, restrict, or distort competition within the internal market and affect trade between Member States.

28. Competition Law: Article 102

EU Law ◽  
2020 ◽  
pp. 1126-1162
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Market Power ◽  
Competition Policy ◽  
Competition Law ◽  
Legal Regulation ◽  
The Core ◽  
Eu Competition Law ◽  
Per Se ◽  
The Uk ◽  
Article 102 Tfeu ◽  
Number Of Firms

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter focuses on another principal provision concerned with competition policy: Article 102 TFEU. The essence of Article 102 is the control of market power, whether by a single firm or, subject to certain conditions, a number of firms. Monopoly power can lead to higher prices and lower output than would prevail under more normal competitive conditions, and this is the core rationale for legal regulation in this area. Article 102 does not, however, prohibit market power per se. It proscribes the abuse of market power. Firms are encouraged to compete, with the most efficient players being successful. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit. EU law

13. An introduction to EU competition policy and law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Competition Policy ◽  
Competition Law ◽  
Merger Policy ◽  
The European Union ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Eu

This chapter provides an introduction to Competition Policy and law in the European Union (EU). It covers the principal rules of EU competition law, namely Articles 101 and 102 TFEU and also considers the enforcement of the competition law regime and merger policy and regulation in the EU.

Excessive pricing in the pharmaceutical industry: adding another string to the bow of EU competition law

2020 ◽  
pp. 1-12
Author(s):  
Diletta Danieli
Keyword(s):  
European Union ◽  
Pharmaceutical Industry ◽  
Competition Law ◽  
Pharmaceutical Companies ◽  
Health Law ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Competition Law ◽  
Policy Objectives ◽  
The Eu

Abstract The paper addresses the issue of excessive price abuse under Article 102(a) of the Treaty on the Functioning of the European Union (TFEU), by drawing inspiration from a recent stream of cases (developed first at the national and then at the EU level) involving pharmaceutical companies marketing off-patent drugs. In particular, the two ‘most advanced’ cases are analysed: Aspen in Italy and Pfizer/Flynn in the United Kingdom. This new-found attention towards exploitative practices in the form of excessive and unfair pricing by dominant undertakings that have traditionally been subject to a cautious antitrust scrutiny seems worth exploring for a number of reasons, as illustrated in the paper. Ultimately, it is argued that this further ‘interference’ of competition law into the realms of regulation may be actually justified, albeit subject to precise conditions for enforcement, and may pursue policy objectives in the wider context of EU health law.

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