ABSTRACT
The reform of EU competition law enhances the above objectives and streamlines its application. However, views differ as to whether the objectives of EU competition law under the ToL have changed given that Article 3(1)(g) EC which provides that the maintenance of competition is one of the main activities of the EC was deleted and its content transferred to Protocol 27 on “The Internal Market and Competition”. 2. The relationship between EU competition law and the national competition laws of the
ment of EU competition law and which emphasises the federal nature of EU competition law. Although competition laws of the Member States may differ from EU competition law, any conflict between the two is resolved in favour of EU competition law. Whatever the situation and circumstances may be, the EU law, being federal in nature, supersedes national competition laws. 3. The ECJ in the Wood Pulp Cartel cases endorsed the extraterritorial application of EU competition law. Consequently, EU competition law applies to anti-competitive activities of undertakings established outside the EU in a situation where such activities affect competition in the EU. 4. One result of globalisation is the necessity for international co-operation in competition matters. The EU’s contribution is twofold, first, through international organisations such as the World Trade Organisation (WTO), the Organisation for Economic Co-operation and Development (OECD) Competition Committee, and the International Competition Network (ICN) and, second, through bilateral agreements and other forms of co-operation with countries and groups of countries outside the EU. 5. For the purposes of EU competition law any natural or legal person is regarded as an undertaking if such a person is engaged in any economic activity and enjoys some autonomy in determining its course of action in the relevant market. 6. The concept of activity which “may affect trade between Member States” establishes a jurisdictional limitation on the scope of application of Articles 101 and 102 TFEU. According to this concept EU competition law applies only where anti-competitive conduct of an undertaking has an appreciable effect on trade between Member States.
