EU competition law
Competition law is one of the areas of authority of the
European Union. It comprises three main policy areas:
*
Antitrust: control of
collusion and other
anti-competitive practices which has an effect on the EU (or, since 1994, the
European Economic Area). This is covered under Articles 81 and 82 EC respectively.
*
Mergers: control of proposed mergers, acquisitions and joint ventures involving companies which have a certain, defined amount of turnover in the EU/EEA.
*
State aid: control of direct and indirect aid given by EU Member States to companies. Covered under Article 87 EC (ex Article 92).
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 competence 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 which is intended to increase the application of EU competition law by national competition authorities and national courts.
*2001, July. The EU rules against a
General Electric Honeywell merger ([
1]).
*2004, December. The EU rules against a
Energias de Portugal SA Gas de Portugal SA merger.
*2004, March. The EU rules to force
Microsoft to offer a
Microsoft Windows version without the
Windows Media Player preinstalled within the
European Union. See:
European Union Microsoft antitrust case.
*
European Commission's competition law site*
Article 81 EC: Regulation of anti-competitive agreements*
Article 82 EC: Prohibition of abuse of a dominant position*
Article 86 EC: Application to State enterprises, public services etc.*
Article 87 EC: Regulation of State aid*
EU law blog*
Articles on EU and Austrian competition law*
Council Regulation on the implementation of the rules on competition European NAvigator
