Summary Institutional and Substantive EU Law - Competition Law, FSAJ and Asylum, and Criminal Law,
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Module
111215502Y
Institution
Universiteit Van Amsterdam (UvA)
This pdf contains both the lecture notes as well as the book information from the section Competition Law, FSAJ and Asylum, and Criminal Law, from the second part of the course Institutional and Substantive Eu Law.
Competition Law
Legal Basis:
- ART 101 → Prohibition of anti-competitiveness agreements between undertakings
- ART 101 (2) → Legal Effect of breach
- ART 101(3) → Legal exceptions
- ART 102 → Abuse of dominant position
- ART 106 → Rules to prevent MS maintaining measures contrary to this
- ART 107→ Prohib. Unlawful state aid to undertakings
- Council Reg 1/2003 → Ensure EU competition system is comprehensive & effective
Regulation 1/2003:
- On implementation of rules of competition
- Power on Commission to enforce ART 101/102
- Commission & National Authorities → Power to establish a infringement of ART 102
- Aim: Provide greater enforcement at national levels
ART 1 → Application of ART 101 & 102 TFEU
- Abuse of dominant position and agreem which do not satisfy ART 101 are prohibited
ART 2 → Burden of proof
- Proving infringement rests on party alleging it
ART 4 → Powers of the Commission
- To apply ART 101 & 102 Commission has power
ART 5 → Powers of national authorities of MS
- Require infringement to be brought to an end, imposing fines…
ART 7 → Finding and termination of infringement
- Commission finds there's an infringement → requires undertakings to bring it to an end
- May impose behavioural and structural remedies which are proportionate
ART 23 → Fines
Competition Law: promote + maintain competition by regulating anti-competitive conduct
- Protects the process of competition
Without competition rules → Firms are free to act to distort process of competition and have no
restraint over their behaviour
Commision: Goal of ART 101/102 is to protect competition on the market as a means of
enhancing consumer welfare and ensuring efficient allocation of resources
, 1. Subject
a. Personae - Undertakings
- Undertaking: Any legal entity engaging in economic activity
- Case: Hofner (Par 21)
- Econ.activity: The offering of goods & services on a market
- Excluding: 1. Entity exercising public power
2. Purely Social Objectives
- Case: Comm v Italy (par 7): By exercising power or carrying economic
activity
b. Materiae - Affect Trade
1. B/w MS
- Interstate Element
2. De Minimis Doctrine
- Agreements of minor importance
- Cartels→ no effect on trade
- Not over 10% comp / 15% non comp of market share
Except: agreements w anti-competitive objectives
c. To Who?
- Case: Continental Cans (Par 16)
- Every company that affects internal market
For conduct to be capable of affecting trade: Must be possible to foresee an
1) Sufficient degree of probability
2) Direct/ Indirect
3) Actual/Potential
Influence on trade between MS
2. Identification of Anti Competitive Behavior
1. Presumption of Illegality
- Likely to cause anti competitive effect
2. Presumption of Legality
- Unlikely
3. Case by Case Analysis
- Ambiguous
Types of Anti Competition
1. Cartels (ART 101)
2. Dominant Position (ART 102)
3. State Aid (ART 107)
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