European Competition Law Essay example

1368 Words 6 Pages
Introduction:

European Competition Law offers a unique area where law and economics interact to produce an effective internal market. One of the goals in EU Competition law is to avoid markets and companies to be abuse or to fail. Under EU legislation concerning competition law states that ‘direct effect of the prohibitions laid down in Articles 101 and 102 of the Treaty that any individual can claim compensation for the harm suffered, where there is a causal relationship between that harm and an infringement of the EU competition rules.’ Damages claims for infringements on Article 101 and 102 TFEU consider being an important area of the private enforcement system. Infringements of Competition Law can harm not only companies and
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Background:

Competition law provisions can be found in Article 101, 102, 107 TFEU and the Merger Regulation, all of those prohibit anticompetitive agreements and abuse of dominance. In order to achieve the objectives of the antitrust rules, EU needs an effective enforcement system for enforcing EU Competition Law. Any infringement of the EU Competition rules does not only affect the internal market, but affects the consumers as well. The infringement of competition law usually occurs when there is an abuse of a dominant position or price cartels. Since the CJEU’s judgment in the Courage v Crehan case, it gave the right for direct applicant of community law and the civil consequences of competition law infringement. Courts judgment gave the right to claim damages, whether it is individuals to a Member States or individual against individual. The CJEU emphasize the fact that that individuals or companies who suffer any kind of harm from a breach of competition law, are then ‘entitled to compensation from the infringers.’ European competition law is enforced upon public authorities such as the European Commission, and private parties like consumers and suppliers. Public enforcement deals with the Commission and National Competition Authorities, where Member States can adopt administrative decisions for the enforcement of Article 101 and 102 TFEU. The private enforcement deals with the national

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