European Union competition law arose out of the desire to ensure that the efforts of government could not be distorted by corporations abusing their market power. Hence under the treaties are provisions to ensure that free competition prevails, rather than cartels and monopolies sharing out markets and fixing prices. Competition law in the European Union is largely similar and inspired by United States antitrust. Four main policy areas include:
- Cartels, or control of collusion and other anti-competitive practices that affect the EU (or, since 1994, the European Economic Area). This is covered under Articles 101 of the Treaty on the Functioning of the European Union (TFEU).
- Monopolies, or preventing the abuse of firms' dominant market positions. This is governed by Article 102 TFEU. This article also gives rise to the Commission's authority under the next area,
- Mergers, control of proposed mergers, acquisitions and joint ventures involving companies that have a certain, defined amount of turnover in the EU/EEA. This is governed by the Council Regulation 139/2004 EC (the Merger Regulation).
- State aid, control of direct and indirect aid given by Member States of the European Union to companies. Covered under Article 107 of the Treaty on the Functioning of the European Union.
This last point is a unique characteristic of the EU competition law regime. As the EU is made up of independent member states, both competition policy and the creation of the European single market could be rendered ineffective were member states free to support national companies as they saw fit. Primary authority for applying EU competition law rests with European Commission and its Directorate General for Competition, although state aids in some sectors, such as transport, are handled by other Directorates General. On 1 May 2004 a decentralised regime for antitrust came into force to increase application of EU competition law by national competition authorities and national courts.
Read more about European Union Competition Law: Historical Background, Goals, Collusion and Cartels, Dominance and Monopoly, Mergers and Acquisitions, The Effect of Public Funding On Competition, Anti-competitive State Regulation, Liberalisation, Enforcement
Famous quotes containing the words european, union, competition and/or law:
“European society has always been divided into classes in a way that American society never has been. A European writer considers himself to be part of an old and honorable tradition—of intellectual activity, of letters—and his choice of a vocation does not cause him any uneasy wonder as to whether or not it will cost him all his friends. But this tradition does not exist in America.”
—James Baldwin (1924–1987)
“The sacred obligation to the Union soldiers must not—will not be forgotten nor neglected.... But those who fought against the Nation cannot and do not look to it for relief.... Confederate soldiers and their descendants are to share with us and our descendants the destiny of America. Whatever, therefore, we their fellow citizens can do to remove burdens from their shoulders and to brighten their lives is surely in the pathway of humanity and patriotism.”
—Rutherford Birchard Hayes (1822–1893)
“The elements of success in this business do not differ from the elements of success in any other. Competition is keen and bitter. Advertising is as large an element as in any other business, and since the usual avenues of successful exploitation are closed to the profession, the adage that the best advertisement is a pleased customer is doubly true for this business.”
—Madeleine [Blair], U.S. prostitute and “madam.” Madeleine, ch. 5 (1919)
“At the end of one millennium and nine centuries of Christianity, it remains an unshakable assumption of the law in all Christian countries and of the moral judgment of Christians everywhere that if a man and a woman, entering a room together, close the door behind them, the man will come out sadder and the woman wiser.”
—H.L. (Henry Lewis)