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Antitrust

17 August 2009
by inadim -- last modified 18 August 2009

The antitrust area covers two prohibition rules set out in the EC Treaty. The European Commission is empowered to impose fines on undertakings who violate the antitrust rules of the European Union.


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In order to be effective, competition needs suppliers who are independent of each other, each subject to the competitive pressure exerted by the others. The antitrust area covers two prohibition rules set out in the EC Treaty.

  • First, agreements between two or more firms which restrict competition are prohibited by Article 81 of the Treaty, subject to some limited exceptions. This provision covers a wide variety of behaviours. The most obvious example of illegal conduct infringing Article 81 is a cartel between competitors (which may involve price-fixing or market sharing).
  • Second, firms in a dominant position may not abuse that position (Article 82 of the EC Treaty). This is for example the case for predatory pricing aiming at eliminating competitors from the market.

The European Commission is empowered by the Treaty to apply these prohibition rules and enjoys a number of investigative powers to that end (e.g. inspection in business and non business premises, written requests for information, etc). It may also impose fines on undertakings who violate EU antitrust rules. Since 1 May 2004, all national competition authorities are also empowered to apply fully the provisions of the Treaty in order to ensure that competition is not distorted or restricted. National courts may also apply these prohibitions so as to protect the individual rights conferred to citizens by the Treaty.

General EU Antitrust rules:

- Fines

- Leniency Notice (Cartels)

Source: European Commission