Abstract:

The framework of Competition Policy is comprised in the provisions of Article 85 and 86 of the Treaty which define anti-competitive behaviour of undertakings in general, whilst Article 90 is addressed specifically to public undertakings. Article 85(1) prohibits "agreements, decisions and concerted practices• if they "prevent, restrict or distort competition• in the common market. It further enumerates typical practices which are considered to be harmful to interstate trade. However the list is not exhaustive. This broad prohibition has generated a wealth of case law which has to be considered in conjunction with the Treaty provisions.