The EU Court of Justice rules that in the context of the application of national competition law, the provisions on the free movement of goods do not preclude the competent authorities of a Member State from prohibiting a dairy cooperative that enjoys market power from entering into contracts with undertakings (Milk Marque)

MILK MARQUE AND NATIONAL FARMERS' UNION JUDGMENT OF THE COURT 9 September 2003* 1. Articles 32 to 38 EC, Regulation No 26 applying certain rules of competition to production of and trade in agricultural products and Regulation No 804/68 on the common organisation of the market in milk and milk products, as amended by Regulation No 1587/96, must be interpreted as meaning that, in the sector governed by the common organisation of the market in milk and milk products, the national authorities in principle retain jurisdiction to apply national competition law to a milk producers' cooperative in a powerful position on the national market. Where the national competition authorities act in the sector governed by the common organisation of the market in milk and milk products, they are under