COMPETITION POLICY (Arts 85-86 and Art. 90)

Year 1992, Volume: 2 Issue: 1&2, 249 - 258, 29.12.1992

Marmara Üniversitesi Avrupa Topluluğu Enstitüsü

https://doi.org/10.29228/mjes.368

Abstract

CHAPTER XVIII
The framework of Competition Policy is comprised in the provisions of Article 85 and
86 of the Treaty which define anti-competitive behaviour of undertakings in general,
whilst Article 90 is addressed specifically to public undertakings.
Article 85(1) prohibits "agreements, decisions and concerted practices• if they "prevent,
restrict or distort competition• in the common market. It further enumerates typical
practices which are considered to be harmful to interstate trade. However the list
is not exhaustive. This broad prohibition has generated a wealth of case law which
has to be considered in conjunction with the Treaty provisions.

Keywords

-

COMPETITION POLICY (Arts 85-86 and Art. 90)

Abstract

The framework of Competition Policy is comprised in the provisions of Article 85 and
86 of the Treaty which define anti-competitive behaviour of undertakings in general,
whilst Article 90 is addressed specifically to public undertakings.
Article 85(1) prohibits "agreements, decisions and concerted practices• if they "prevent,
restrict or distort competition• in the common market. It further enumerates typical
practices which are considered to be harmful to interstate trade. However the list
is not exhaustive. This broad prohibition has generated a wealth of case law which
has to be considered in conjunction with the Treaty provisions.

Keywords

COMPETITION POLICY, Arts 85-86, EC

References

• -