The ECJ Preliminary Ruling in French Endives: Two (Too?) Simple Rules to Attune Article 101 TFEU to the Common Agricultural Policy* The competition and agricultural rules in the EU treaties have lived separate lives for many decades. While an agricultural exemption from the competition rules was already foreseen by Article 42 of the Treaty of Rome (now Article 42 TFEU) and this exemption has been included in secondary legislation since 1962, in practice its scope was never clear due to the vagueness of the legislation. While the United States treated farmer cooperatives as individual businesses since the 1922 Capper-Volstead Act, a similar assimilation was never achieved in the EU. Since the 2008 Milk Package, the common agricultural policy accepts the joint negotiation of farm
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