EU Competition and Trade
Business law and anticompetitive practices
European Union (EU) competition law is designed to regulate large companies, governments or other economic entities to preserve the internal market by maintaining the free flow of working people, goods and services and capital within Europe. It therefore has a strong effect on UK business law.
There are four main policies run under EU competition law, these are:
- The control of cartels, collusion and other anti-competitive practices which affect the EU. This is governed by Articles 1010 of the Treaty on the Functioning of the European Union (TFEU).
- The prevention of monopolies or any abuse of dominant marketing positions by large firms. This is covered by Article 102 of the TFEU.
- The scrutiny and control of proposed mergers, acquisitions and joint ventures involving EU/EEA companies with a certain turnover. This is governed by the Council Regulation 139/2004 EC.
- The monitoring of state aid given by EU members to companies. This is covered under Article 107 of the TFEU.
The monitoring of state aid to companies is a particularly unique part of EU competition law. Both competition policy and the creation of the European single market could be seriously undermined were member states able to provide financial support to national companies as they saw fit, as it would grant an unfair boost to these businesses.
EU competition law is administered by the European Commission and its Directorate General for Competition. In 2004, a decentralised regime for competition came into force with the intention of giving more power to national competition authorities and national courts in the application of EU competition law.
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