Překonávání principu teritoriality v evropském soutěžním právu
Territoriality

Summary/Abstract: The aim of this treatise is to investigate a certain segment of cooperation among regulatory authorities in the area of cartel law on the basis of regulation No. 1/2003/EC . Within this framework the administrative acts of these authorities and their character are analysed in regards to their actual functioning as well as the functioning of economic competition and the internal market. The study tried to change paradigms in this area. In contrast to the prevailing opinion the study comes to the conclusion that the legal acts (the decisions) of the cartel authorities of the EU member states ought to be qualified as transnational administrative acts which are issued under the authority of the EU within the application of European law. In all member states, the effects of transnational acts are fundamentally the same as they are within the jurisdiction in which they are issued. Such an act binds every affected party, including all state authorities of the member states. Its acceptance in other member states is based on the principle of reciprocal recognition of national legal systems within the EU . Despite the non-existence of an explicit positive provision it is possible to derive from the aim, the arrangements and the principle of European law a general obligation to respect the ETA (European Transnational Act). The ETA has to fulfil general conditions corresponding to the basic values of European law and it especially cannot be in conflict with basic procedural rights. On the basis of a constitutional legitimising authority law, a national authority is authorized and required to review these conditions. The public policy has a lower standard of strictness in regards to the comparative system of court decisions within the EU . For the solution of de lege ferenda it is necessary to change regulation 1/2003/EC , just like the acts of individual ordinances were explicitly understood to be ETA s; hereby arriving at a clear result which can also be derived under the given legal layout (de lege lata).

• Details
• Contents