Article 104 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
Internal Market ◽  
Member States ◽  
Dominant Position ◽  
The Law

Article 84 EC Until the entry into force of the provisions adopted in pursuance of Article 103, the authorities in Member States shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the internal market in accordance with the law of their country and with the provisions of Article 101, in particular paragraph 3, and of Article 102.

Enhanced Cooperation and European Tax Law

2021 ◽  
Author(s):  
Caroline Heber
Keyword(s):  
Member State ◽  
Internal Market ◽  
State Aid ◽  
Entire Group ◽  
Eu Law ◽  
Negative Effects ◽  
Member States ◽  
State Laws ◽  
Cooperation Mechanism ◽  
The Law

The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform EU law. The law creates harmonisation and coordination between the participating Member States, but it may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State’s trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws—their nexus between the law of a single Member State and secondary EU law—also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

5. Article 102

2021 ◽  
pp. 180-223
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Union ◽  
Internal Market ◽  
Single Market ◽  
Substantial Part ◽  
The European Union ◽  
Member States ◽  
Dominant Position ◽  
Dominant Firms ◽  
Abuse Of Dominance

This chapter discusses the main features of Article 102 of the Treaty of Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by discussing the meaning of ‘undertaking’ and ‘effect on trade between Member States’ in the context of Article 102. It then considers what is meant by a dominant position and looks at the requirement that any dominant position must be held in a substantial part of the internal market. Thereafter it discusses some general considerations relevant to the concept of abuse of dominance, followed by an explanation of what is meant by ‘exploitative’, ‘exclusionary’ and ‘single market’ abuses. It then discusses possible defences to allegations of abuse, and concludes by considering the consequences of infringing Article 102.

5. Article 102

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Union ◽  
Internal Market ◽  
Controversial Issue ◽  
Substantial Part ◽  
The European Union ◽  
Member States ◽  
Dominant Position ◽  
Dominant Firms ◽  
Article 102 Tfeu

This chapter discusses the main features of Article 102 of the Treaty on the Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by introducing the European Commission’s Guidance on the Commission’s enforcement priorities in applying Article [102 TFEU] to abusive exclusionary conduct by dominant undertakings. It then discusses the concept of undertaking, the requirement of an effect on trade between Member States, the concept of a dominant position and the requirement that any dominant position must be held in a substantial part of the internal market. The chapter also considers the meaning of abuse of a dominant position, which is a complex and controversial issue. A discussion of the defences to allegations of abuse is followed by a brief look at the consequences of infringing Article 102.

Article 102 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
Internal Market ◽  
Substantial Part ◽  
Member States ◽  
Dominant Position ◽  
Article 102 Tfeu

Article 82 EC Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.

5. Free movement of goods

2020 ◽  
pp. 90-120
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.

5. Free movement of goods

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.

3 The Law and Economics of Anticompetitive Coordination

2012 ◽  
Author(s):  
Geradin Damien ◽  
Layne-Farrar Anne ◽  
Petit Nicolas
Keyword(s):  
European Union ◽  
Law And Economics ◽  
Competition Law ◽  
Consumer Welfare ◽  
Internal Market ◽  
The European Union ◽  
Member States ◽  
The Law

This chapter examines Article 101 TFEU (Treaty on the Functioning of the European Union). All modern competition law regimes outlaw the coordination of independent undertakings where it leads to a restriction of competition. In the European Union, a prohibition system is enshrined in Article 101 TFEU, which holds that ‘agreements between undertakings’ which restrict competition are ‘incompatible’ with the Treaty. Article 101 TFEU is a three-pronged provision. First, Article 101(1) TFEU establishes a prohibition rule, which provides that agreements between undertakings which may affect trade between Member States and which restrict competition are incompatible with the internal market. Second, Article 101(2) TFEU declares that agreements deemed incompatible pursuant to Article 101(1) TFEU are null and void. Third, Article 101(3) TFEU embodies an exception rule which defuses the application of Article 101(1) to agreements that bring a positive net contribution to consumer welfare.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 53 Organization of American States: The OAS Guide and the Hague Principles

2021 ◽  
Author(s):  
Rodríguez José Antonio Moreno
Keyword(s):  
Latin America ◽  
International Standards ◽  
Organization Of American States ◽  
Member States ◽  
Applicable Law ◽  
American States ◽  
The Hague ◽  
The Law ◽  
The Relationship ◽  
A Current

This chapter reflects on the relationship between the Guide of the Organization of American States on the Applicable Law to International Commercial Contracts (OAS Guide) and the Hague Principles. The OAS Guide has several objectives. It proposes a current statement of the law applicable to international commercial contracts for the Americas as based on the fundamental principles of the Inter-American Convention on the Law Applicable to International Contracts, commonly known as the ‘Mexico Convention’, and with the incorporation of subsequent developments in the field to date, particularly as codified in the Hague Principles. The Guide also seeks to support efforts by OAS Member States to modernize their domestic laws on international commercial contracts in accordance with international standards. It further provides assistance to contracting parties in the Americas and their counsel in drafting and interpreting international commercial contracts; and serves as guidance to judges and arbitrators, who may find the Guide useful both to interpret and supplement domestic laws, particularly on matters in international commercial contracts that are not addressed in such laws.

Article 108 TFEU

2019 ◽  
Author(s):  
Tim Maxian Rusche
Keyword(s):  
Internal Market ◽  
Member States ◽  
Progressive Development

Article 88 EC The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing in those States. It shall propose to the latter any appropriate measures required by the progressive development or by the functioning of the internal market.

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