*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I. The scope of the RegulationThe applicability of Regulation 330/2010 in the absence of an effect on trade between Member States? Anne-Sophie CHONE-GRIMALDI Professor, University of Caen - Lower Normandy 1. Is Regulation 330/2010, which contains European competition law rules, applicable in the absence of an effect on trade between Member States? The question may seem a ridiculous one, since the effect on trade between Member States is the condition for the applicability of European competition law. Asking whether Regulation 330/2010 is applicable in the absence of affectation of trade between Member States is tantamount to asking whether EU law is
This first roundtable of the conference held in Caen the 4th October 2013 was dedicated to the scope of the Regulation n°330/2010. In the first contribution, Ms Chroné-Grimaldi underlines that even when a practice does not affect trade between Member States, French Competition Authority and Courts apply Regulation n°330/2010 as a “guide d’analyse utile,” i.e. a non-binding instrument. The implementation of these rules is original. It leads National Competition Authority and Courts to apply European competition rules when the European law criterion is not satisfied. Mr Michel Ponsard, author of the second contribution wonders if the automobile sector enters in the scope of the Regulation. The object of the last article written by Grégoire Toulouse, is to determine whether and to what extent the “commissionaire-affilié” (licensed commission agent) can be considered as an “agent” in the meaning given to it by the European Court of Justice and the European Commission and therefore, whether or not the “commission-affiliation” falls within the scope of article 101 of the Treaty on the Functioning of the European Union.
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