The EU Court of Justice states that competition law only applies to anti-competitive conduct engaged by undertakings on their initiative and not by national legislation (French Republic / Ladbroke Racing)
Joined Cases C-359/95 P and C-379/95 P
Commission of the European Communities and French Republic v Ladbroke Racing Ltd*
When the Commission receives a complaint alleging infringement of Articles 85 and 86 and of Article 90 of the Treaty, it may reject the complaint relating to Articles 85 and 86 definitively, on
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