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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 8: ARTICLE 105 TFEU

A Case Commentary, Second Edition


is a] purely procedural [provision].

CoJ 1 July 2010 (Emanuela Sbarigia v. Azienda USL RM/A, Comune di Roma, Assiprofar – Associazione Sindacale Proprietari Farmacia, Ordine dei Farmacisti della Provincia di Roma, C-393/08) [2010] ECR I-06337, para. 30.

8.02 [I]n accordance with the principle of national procedural autonomy, in the absence of European Union rules governing the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from European Union law […].

However, in the present case, the Court is called on to decide on the legality of a decision taken by an institution of the European Union on the basis of a regulation adopted at European Union level, which, moreover, does not refer back to national law.

The uniform interpretation and application of the principle of legal professional privilege at European Union level are essential in order that inspections by the Commission in anti-trust proceedings may be carried out under conditions in which the undertakings concerned are treated equally. If that were not the case, the use of rules or legal concepts in national law and deriving from the legislation of a Member State would adversely affect the unity of European Union law. Such an interpretation and application of that legal system cannot depend on the place of the inspection or any specific features of the national...

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