EU Competition Law (Antitrust Law)
1. Current legislation
- Compilation of EU law applicable to antitrust enforcement (revision of 1/7/2013):Volume 1 (General rules) , Volume 2 (General Block exemption) , Volume 3 (Sector-specific rules)
- EU Competition Law - Cartel legislation and other reference texts on 1. January 2013
- Council Regulation (EC) No 1/2003
- Commission Regulation (EC) No 773/2004 (consolidated version, 2008)
- Commission Regulation (EC) No 773/2004 (original version, 2004), Commission Regulation (EC) No 622/2008 amending Regulation (EC) No 773/2004, as regards the conduct of settlement procedures in cartel cases
- Council Regulation (EC) No 411/2004 repealing Regulation (EEC) No 3975/87 and amending Regulations (EEC) No 3976/87 and (EC) No 1/2003, in connection with air transport between the Community and third countries
a) Council Regulations
- Regulation No 19/65/EEC of 2 March of the Council on application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices
- Council Regulation (EC) No 1215/1999 amending Regulation No 19/65/EEC on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices
- Regulation (EEC) No 2821/71 of the Council of 20 December 1971 on application of Article 85 (3) of the Treaty to categories of agreements, decisions and concerted practice
- Digital Markets Act (DMA) = Regulation 2020/1925 of 14 September 2022
b) Block Exemptions
- Commission Regulation (EU) No 2022/720 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (and Guidelines)
- Commission Regulation (EC) No 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector Commission Notice (2010/C 138/05) Supplementary guidelines on vertical restraints in agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles; Commission Website Commission Regulation (EC) No 1400/2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (in accordance with Article 2 still relevant to 31.05.2013)
- Commission Regulation (EC) No 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements (old version to 31/12/2010
- Commission Regulation (EU) No 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements (old version to 31/12/2010)
- Commission Regulation (EC) No 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements (see also proclamation Communication from the commission (2014/C 89/03 Guidelines on the application of Article 101 of the Treaty on the Functioning of the European Union to technology transfer agreements)
c) Sectoral Rules
- Agriculture and Food
- Financial services
- Postal services
- Professional services
- Transport
- Telecommunications
d) Other Regulations
- Consolidated version of the Treaty on the functioning of the European Union - Tables of equivalences referred to in article 5 of the treaty of lisbon
- Consolidated version of the Treaty establishing the European Community
- Consolidated version of the Treaty on European Union
- Charter of fundamental rights of the European Union (2000/C 364/01)
- Regulation (EEC) No 1182/71 determining the rules applicable to periods, dates and time limits
- Regulation (EEC) 2988/74 concerning limitation periods in proceedings and the enforcement of sanctions // under the rules of the European Economic Community relating to transport and competition
- Council Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport
- Regulation (EC) No 1049/2001 of the European Parliament and the Council regarding public access to European Parliament, Council and Commission documents
- Council Regulation (EC) No 411/2004 repealing Regulation (EEC) No 3975/87 and amending Regulations (EEC) No 3976/87 and (EC) No 1/2003, in connection with air transport between the Community and third countries
- Council Regulation (EC) No 169/2009 applying rules of competition to transport by rail, road and inland waterway
- Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the EC Merger Regulation)
- Commission Regulation (EC) No 802/2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings
- Council Directive 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions
- Council Directive 91/674/EEC on the annual accounts and consolidated accountsof insurance undertakings
- Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (repealed with effect from 18.4.2016)
- Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (repealed with effect from 18.4.2016)
- Directive 2004/25/EC on takeover bids
- Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings
- Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms
- Directive 2014/24/EU on public procurement and repealing Directive 2004/18/EC
- Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC
- Directive 2014/104/EU on certain rules gouverning actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (26.11.2014)
2. Commission: Messages, Announcements and Guidelines
a) Material Assessment
- Commission Notice concerning its assessment of certain subcontracting agreements in relation to Article 85(1) of the EEC Treaty
- Commission Notice on the definition of relevant market for the purposes of Union competition law (2024)
- Commission Notice (2010/C 130/01): Guidelines on Vertical Restraints
- Communication from the Commission (2011/C 11/01): Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements
- Commission Notice on restrictions directly related and necessary to concentrations (2005)
- Notice on agreements of minor importance which do not appreciably restrict competition under Article 101(1) of the Treaty on the Functioning of the European Union (De Minimis Notice 2014/C 291/01)
- Commission Notice (2004/C 101/07): Guidelines on the effect on trade concept contained in Articles 81 and 82 of the Treaty
- Communication from the Commission (2009/C 45/02): Guidance on the Commission's enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings Press release IP/08/1877 / FAQ (MEMO/08/761) / Discpaper (2005) + Report by the EAGCP („An economic approach to Article 82”, 2005)
b) Procedure
- Communication from the Commission (2002/C 152/03) concerning certain aspects of the treatment of competition cases resulting from the expiry of the ECSC Treaty
- Commission Notice (2005/C 325/07) on the rules for access to the Commission file in cases pursuant to Articles 81 and 82 of the EC Treaty, Articles 53, 54 and 57 of the EEA Agreement and Council Regulation (EC) No 139/2004,
Guidance on procedures of the Hearing Officers in proceedings relating to Articles 101 and 102 TFEU (ex-Articles 81 and 82 EC) - Commission Notice (2004/C 101/05) on the handling of complaints by the Commission under Articles 81 and 82 of the EC Treaty
- Commission Notice (2004/C 101/06) on informal guidance relating to novel questions concerning Articles 81 and 82 of the EC Treaty that arise in individual cases (guidance letters)
- Commitment decisions (Article 9 of Council Regulation 1/2003 providing for a modernised framework for antitrust scrutiny of company behaviour)
aa) Best Practices
- Best Practices in proceedings concerning articles 101 and 102 TFEU
- Best Practices for the Submission of Economic Evicence and Data Collection in Cases Concerning the Application of Articles 101 and 102 TFEU and in Merger Cases, Press release IP/10/2
- Best practices on the disclosure of information in data rooms (2015), Standard data room rules, Standard non-disclosure agreement
- DG Competition's manual of procedure for the application of Articles 101 and 102 TFEU (2012, engl.)
bb) Hearing Officer, Access to Records, Investigations
- Decision on the function and terms of reference of the hearing officer in certain competition proceedings (2011)
- The Hearing Officers
- Commission Notice on the rules for access to the Commission file in cases(amended,2015)
- Guidance on confidentiality claims (2012)
- Further documents to protect the confidentiality and searches
c) Settlements
- Commission Regulation (EC) No 622/2008 amending Regulation (EC) No 773/2004, as regards the conduct of settlement procedures in cartel cases
- Commission Notice (2008/C 167/01) on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (consolidated version 2015)
- More information
d) Fines
- Commission Notice (2006/C 210/02): Guidelines on the method of setting fines imposed pursuant to Article 23 (2) (a) of Regulation No 1/2003 Press release IP/06/857 / FAQ (MEMO/06/256)
- Commission Notice (1998/C 9/03): Guidelines on the method of setting fines imposed pursuant to Article 15 (2) of Regulation No 17 and Article 65 (5) of the ECSC Treaty
- More information
e) Leniency
- Commission Notice (2015) on immunity from fines and reduction of fines in cartel cases
- Previous versions:
- 2006, Press release IP/06/1705, FAQ(MEMO/06/469)
- 2002
- Commission Notice (1996/C 207/04) on the non-imposition or reduction of fines in cartel cases
- Draft Commission Notice on Immunity from fines and reduction of fines in cartel case / Press release IP/06/1288 / FAQ (MEMO/06/357) / Public consultation on amendment of the Leniency Notice
- ECN Model Leniency Programme
- More information
f) Actions for Damages
- Passing-On Guidelines (Draft, 2019)
- Communication from the Commission on quantifying harm in actions for damages based on breaches of Article 101 or 102 (2013/C 167/07)
- White Paper on Damages Actions for Breach of the EC antitrust rules
- Summary of the White Paper
- Commission Staff working paper
- Impact Assessment Report - SEC(2008) 405, Summary
- Press release IP/08/515
- FAQ (MEMO/08/216)
- Comments on the White Paper
- Green Paper on Damages Actions for Breach of the EC antitrust rules
- Commission Staff working paper
- Press release IP/05/1634
- FAQ (MEMO 05/489)
- Comments on the Green Paper
- Impact Study "Making antitrust damages actions more effective in the EU: welfare impact and potential scenarios"
- Important decisions of the ECJ: Courage/Crehan (C-453/99), Manfredi (C-295/04)
- Study on the conditions of claims for damages in case of infringement of EC competition rules
- More information / Documents
- Directive 2014/104/EU on certain rules gouverning actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (26.11.2014)
- Commission Recommendation (2013/396/EU) on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law (11.06.2013)
- Study on the Passing-on of overcharges (2016)"
g) Cooperation with National Authorities and Courts
- Directive 2019/1 to empower the competition authorities of the Member States (ECN+, 2019)
- Commission Notice (2004/C 101/03) on cooperation within the Network of Competition Authorities
- Commission Notice (2004/C 101/04) on the co-operation between the Commission and the courts of the EU Member States in the application of Articles 81 and 82 EC
- Application of EC competition rules by national courts
3. Commission: Documents and information
Publications
- European Commission DG Competition Website
- Adresses DG Competition
- Personal DG Competition
- Vacations of Commission: 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008
- Report on Competition Policy (from 1971)
- EC Competiton Policy Newsletter DG Competition (from 1994)
- ECB Monthly Bulletin
- Compliance matters (Guide)
4. Commission: Decisions
- Antitrust Cases (from 1999)
- Antitrust Cases (1964-1998)
- Comfort Letters (1990-1999)
- National Judgments
5. Court of Justice (ECJ and GC)
- Website of the European Court of Justice (ECJ)
- Lists of links to the full text of all decisions
English French German ECJ 1953 - 1988 actual actual actual ECJ ab 1989 actual actual 01.04.2015 EGC ab 1989 actual actual 01.04.2015 Official notice of ECJ: "For the benefit of the public, the electronic version of the texts of the three Community courts is available free of charge on Internet for information purposes. This version is subject to amendment. The definitive version of these texts will be published in the "Reports of Cases before the Court of Justice and the Court of First Instance", the "Reports of European Community Staff Cases" or the "Official Journal of the European Union" which alone are authentic and, in the event of their differing from the electronic version, are alone to be regarded as authoritative. Reproduction of the texts supplied on this site is authorised provided that their source and non-authentic character are acknowledged and it is mentioned that they have been provided free of charge."
- Full-text search for decisions and Opinion (ECJ and GC)
- Statutory Provisions
- Statute of the Court of Justice of the European Union
- Rules of Procedure: ECJ, GC
- Other
- Practice Directions: ECJ, GC
- Statistics of judicial activity: ECJ, GC
6. EU: Databases and Official Journal
- Official Journal of the European Union (from 1952), Regulation 216/2013 (electronic Official Journal)
- Eur-Lex database
- Eurovoc
- N-Lex
- Publications
7. Previous regulations
- EEC Council: Regulation No 17
- Overview of the subsequent amendments
- Commission Regulation (EC) No 2790/1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices
- Commission Regulation (EC) No 1400/2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector, Distribution and servicing of motor vehicles in the EU, FAQ, Press release IP/05/1208, Earlier regulations
- Commission Notice (2001/C 3/02): Guidelines on the applicability of Article 81 of the EC Treaty to horizontal cooperation agreements
- Communication from the Commission (2004/C 101/08): Guidelines on the application of Article 81(3) of the Treaty
- DG Competition discussion paper on the application of Article 82 of the Treaty to exclusionary abuses / Comments / Commission website
- Regulation (EEC) No 1017/68 applying rules of competition to transport by rail, road and inland waterway
- Council Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector
- Fourth Council Directive 78/660/EEC based on Article 54 (3) (g) of the Treaty on the annual accounts of certain types of companies
- Directive 2000/12/EC relating to the taking up and pursuit of the business of credit institutions
- Directive 2006/48/EC relating to the taking up and pursuit of the business of credit institutions (recast)
- Commission Regulation (EC) No 772/2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements (see also proclamation Commission Notice (2004/C 101/02) Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements and Table of Contents)
- Commission Notice (2008/C 167/01) on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases Press release IP/08/1056 / FAQ (MEMO/08/458)
- Commission Regulation (EC) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (further information)
- Commission Notice (97/C 372/03) on the definition of relevant market for the purposes of Community competition law
8. Cooperation with Member States and third countries
- European Competition Authorities (ECA)
- European Competition Network (ECN) / ECN Brief
- ECA Principles for Leniency Programmes
- ECN Model Leniency Programme and FAQ (2006)
- Commission Notice (2004/C 101/03) on cooperation within the Network of Competition Authorities
- Commission Notice (2004/C 101/04 on cooperation between the Commission and the courts of the EU Member States in the application of Articles 81 and 82 EC
- Documents to the EEA
- Documents to the EEA/EFTA
- Overview: Bilateral relations on competition issues
- Agreement EC - Brazil: Memorandum of Understanding on Cooperation
- Agreement EC - Canada regarding the application of their competition laws
- Agreement EC - Japan concerning cooperation on anti-competitive activities
- Agreement EC - Republic of Korea concerning cooperation on anti-competitive activities
- Agreement EC - Swiss Confederation on Air Transport
- Agreement EC - USA on the application of positive comity principles in the enforcement of their competition laws
- Agreement EU - US Merger Working Group: Best Practices on Cooperation in Merger Investigations
9. International organizations
10. International agencies and regulations
- Antitrust authorities: Overview of the EC
- Merger regulations: Overview of the ICN
- International Competition Legal Guide (ICLG) / Merger Control
11. National agencies and regulations
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