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Effect on interstate trade: An overview of EU and national case law

1. Introduction The application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) to agreements or practices is dependent on the jurisdictional requirement that a practice must have an appreciable effect on trade between Member States [1]. Unless the 'effect on trade' criterion is satisfied, EU competition law will not be applicable and only national laws remain relevant [2]. The requirement that a practice have an 'effect on trade' is therefore a crucial test. An equivalent 'effect on trade' criterion is also part of the competition laws of many, if not all, Member States. It is axiomatic that, in order to test if antitrust rules are applicable in a given scenario, jurisdiction must be established. Hence, national courts and competition

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Authors

  • London School of Economics and Political Science
  • Payment Systems Regulator (PSR)

Quotation

Andrew Scott, Saskia King, Effect on interstate trade: An overview of EU and national case law, 17 October 2012, e-Competitions Effect on interstate trade, Art. N° 49084

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