Glossary of competition terms

This Glossary is based on definitions from DG COMP’s Glossary of terms used in EU competition policy (© European Union, 2002) and the OECD’s Glossary of industrial organisation economics and competition law (© OECD, 1993). Each term is enriched with references of EU and national case laws from the e-Competitions Bulletin and Concurrences Review.

Effect on trade between member states

Necessary condition for the application of EU antitrust rules. Articles 101 and 102 TFEU are only applicable if there may be a direct or indirect, actual or potential influence on the flow or pattern of trade between at least two Member States of the EU. An effect on trade exists in particular where national markets are partitioned or the structure of competition within the common market is affected. Anti-competitive agreements or conduct which have no effect on trade, therefore, fall outside the scope of EU competition rules and may only be dealt with by national legislation. The Merger Regulation, by contrast, applies where a concentration has a Community dimension defined in terms of turnover thresholds. © European Commission