Updates & Corrigenda
Details...Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:
Update | p. 19
The box in the 4th row, on “Procedure”, on the left hand side, must read:
Procedure
• Regulation 1/2003/EC (formerly: “Regulation 17” of 1962);
• Regulation 773/2004/EC;
• Commission Notice on best practices (2011).See Chart C33 et seq.
The box in the second last row, on “Legal basis provisions for secondary law in the field of competition”, must read:
Legal basis provisions for secondary law in the field of competition
• Art. 103 TFEU, regarding Arts. 101 and 102 TFEU;
• Art. 106(3) TFEU, regarding Art. 106(1) and (2) TFEU;
• Art. 109 TFEU, regarding Arts. 107 and 108 TFEU;
• Legal basis provisions for specific areas; e.g. Arts. 42 and 43 TFEU (agriculture);
• The general legal basis provisions of Arts. 114 and 115 TFEU: for other issues (e.g. Merger Regulation 139/2004/EC).
Update | p. 18
The box in the 5th row, on “Functional link with free movement” must read:
Functional link with free movement
EU competition law and EU law on free movement are functionally linked:
• For EU competition law to apply, the conduct in question must have a (potential) effect on trade between Member States (so-called “inter-state” or “internal market element”; see Chart C7, Chart C29, Chart C49).
• EU competition law and free movement law can apply simultaneously; e.g. Essent Netwerk (2008), Presidente del Consiglio (2009), Murphy (2011).