Competition Policy in Europe by Johann Eekhoff, Christiane Moch (auth.), Johann Eekhoff

By Johann Eekhoff, Christiane Moch (auth.), Johann Eekhoff (eds.)

1 by way of Karel Van Miert because the early years of the eu group, pageant coverage has performed a decisive function within the production of a extra filthy rich, aggressive and built-in eu financial system. during the last 40 years, the motion of eu festival gurus has supplied quite a few examples of the advantages of a sound-working pageant surroundings for shoppers and for the eu financial system as an entire. festival brings reduce costs, fosters technical development and creativity, and stops the unwanted effects of a firm abusing its dominant or monopoly place. in the course of my mandate as a Commissioner accountable for festival, i've got actively inspired this strengthening of ecu festival coverage as did my predecessors. hence, there was starting to be public information in Europe of the necessity at no cost and reasonable festival in addition to the consolidation of the contest coverage within the "acquis communautaire". eu festival coverage is now at a tuming turning element in its background. In may well 2004, ten nations will subscribe to a brand new ecu Union composed of twenty-five Member States and 450 million humans. this huge accession to the european is of paramount value to the ecu integration and should deeply impression on eu pageant policy.

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Some companies might be tempted to create cartels or to use anti-competitive practices, to prevent this from happening. This was the case when Volkswagen V olkswagen was fined € 102 million for using market partitioning in order to prevent German and Austrian consumers from buying their cars in Italy where prices were lower. The Commission must therefore be especially vigilant to ensure that the single market and the EMU brings enhances competition without encouraging anti-competitive practices.

But the list is not exhaustive and neither the Commission nor the Court is bound by it. Commission decisions and the case law of the ECJ provide a more complete list of the prohibited forms of agreements. The existence of an "agreement" does not require a formal contract. Art 81 covers any form of concerted practices. Art 81 only applies to agreements concluded by "undertakings". This makes the definition of the term "undertaking" an essential element in any anti-trust investigation. The Commission and the ECJ have given a very broad definition of undertakings in order to cover as many anticompetitive agreements as possible.

1 Art 81 Art 81:"The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their effect or object the prevention, restriction or distortion of competition within the common market... " Up until the 1980's art 81 decisions along with State aids decisions comprised the bulk of competition policy. ) but the list is not exhaustive and neither the Commission nor the Court is bound by it.

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