EU Competition Law Overview

EU competition authorities and courts must apply EU competition law when dealing with anti-competitive agreements and practices affecting trade between EU member states. This ensures fairness and prevents market distortions.

EU's main legal framework regulating mergers and acquisitions. It aims to protect competition by preventing mergers that would create dominant market positions, leading to higher prices or reduced consumer choice.

Cases involving damages actions in EU competition law are used to seek compensation for losses caused by anti-competitive practices.

The principle in EU competition law that prohibits companies from abusing a dominant position in the market. This can involve setting unfair prices, limiting output, or discriminating against competitors.

Agreements between companies that restrict competition, such as price-fixing or market sharing, are prohibited under EU law. These agreements can harm consumers and create unfair market conditions.

An attempt to buy a large number of a company's shares at the beginning of the trading day, often as a first step in a takeover bid.

The European Union's (EU) agreement, prohibiting companies from abusing a dominant position in the market.

A situation where a company has significant market power, allowing them to influence prices and competitors without facing much competition.

Unfair practices by a company with significant market power, harming fair competition.

The process of enforcing the European Union's competition laws by official bodies like the European Commission and national competition authorities.

The process where individuals or businesses can take legal action to enforce EU competition laws.

A set of regulations defining how EU competition laws are enforced by the European Commission, national competition authorities, and courts.

Conditions under which otherwise prohibited agreements or market practices may be allowed, if they contribute to economic progress and benefit consumers

Any contact between competitors involving business aspects like pricing, markets, customers, and volume can be risky and considered a breach of competition rules.

Both the EU Commission and EU Courts have separate roles in enforcing competition laws but work together. The Commission investigates and imposes sanctions, similar to a first-instance court. If an undertaking disagrees with the Commission's decision, they appeal to EU courts, not the Commission itself.

State compulsion doctrine states that if a state forces a company to act in a way that violates competition rules, it might escape sanctions. This is because the state's actions override the company's free will.

The EU Commission takes the role of a first-instance court in competition cases, conducting investigations and imposing sanctions based on its findings.

The EU Courts act as the higher authority for appeals against Commission decisions in competition cases. Their role is to review the legality of the Commission's decision and not the merits of the case itself.

Early case law required free consent from all parties to find an agreement as a violation of competition rules. However, since 1995, free consent is not a requirement, but fines might be reduced if a company was forced to participate in the agreement.

Unilateral actions, or actions taken by one party without the other party's agreement, can still be considered agreements if they affect competition and are part of a contractual relationship. The context of the action is crucial in determining whether it constitutes an agreement.

A CEO who wants to establish a company as a legal entity must create a separate entity and then enter into a contract with it as a natural person. This creates a contractually binding relationship between the individual and the legally constituted entity.