The EU Court of Justice states that Member States are required not to introduce or maintain in force measures which may render ineffective the competition rules applicable to private traders in the economic sphere (Ohra)
Case C-245/91
Criminal proceedings against Ohra Schadeverzekeringen NV*
Although Article 85 of the Treaty, in itself, relates only to the conduct of undertakings and does not cover legislative measures or regulations adopted by Member States, the fact nevertheless remains that that article, (...)