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European Competition Law

A Case Commentary, Second Edition

Edited by Weijer VerLoren van Themaat and Berend Reuder

This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.
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Chapter 7: ARTICLE 104 TFEU

A Case Commentary, Second Edition


Until the entry into force of the provisions adopted in pursuance of Article 103, the authorities in Member States shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the internal market in accordance with the law of their country and with the provisions of Article 101, in particular paragraph 3, and of Article 102.

7.01 The term ‘authorities in Member States’ in Article [104 TFEU] refers to either the administrative authorities entrusted, in most Member States, with the task of applying domestic legislation on competition subject to the review of legality carried out by the competent courts, or else the courts to which, in other Member States, that task has been especially entrusted.

CoJ 30 April 1986 (Asjes, Joined Cases 209–213/84) [1986] ECR I-1425, para 55.

7.02 [T]he term ‘authorities in Member States’ within the meaning of Article [104 TFEU] does not include the criminal courts whose task is to punish breaches of the law.

CoJ 30 April 1986 (Asjes, Joined Cases 209–213/84) [1986] ECR I-1425, para. 56.

*   This chapter was written by Berend Reuder and Weijer VerLoren van Themaat.

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