The EU Court of Justice states that Member states may not enact measures enabling private undertaking to escape from the constraints imposed by competition provisions and deprive them of their effectiveness (GB-INNO / ATAB)

JUDGMENT OF THE COURT OF 16 NOVEMBER 1977 [1] NV GB-INNO-BM v Vereniging van de Kleinhandelaars in Tabak (ATAB) (preliminary ruling requested by the Belgian Hof van Cassatie) 'Tobacco products' Case 13/77* 1. Member States may not enact measures enabling private undertakings to escape from the constraints imposed by Articles 85 to 94 of the Treaty. It follows that any abuse of a dominant position within the market is prohibited by Article 86 even if such abuse is encouraged by a national