Implementation of Competition in the EU based on ECJ Decision No. 161 of 28.1.1986, Pronuptia de Paris vs. Schillgalis
| Author | Endri Papajorgji - Greta Alikaj |
| Position | Dean of the Faculty of Law of Tirana Business University - Ministry of Tourism and Environment |
| Pages | 191-195 |
Vo
l. 4 N
o
.
3
N
ovember, 201
8
ISS
N 2410-391
8
A
cces on
l
ine at www.ii
p
cc
l
.or
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191
A
cademic Journal o
f
Business,
A
dministration, Law and Social Sciences
II
PCCL Publishin
g
, Graz-
A
ustria
Im
p
lementation of Com
p
etition in the EU based on ECJ Decision No. 161 of
28.1.1986, Pronuptia de Paris vs. Schill
g
alis
Assoc. Prof. Dr. PhD (Uni Graz) Endri Papa
j
org
ji
Dean o
f
the Faculty o
f
Law o
f
Tirana Business
U
niversity
M
Sc Greta A
l
i
k
a
j
M
inistry o
f
Tourism and
E
nvironment
Ab
str
a
ct
Article 3 of Regulation No 1/2003, within the framework of the Treaty's competition rules,
regulates the parallel application of the internal and
E
uropean cartel rules within the general
a
rea o
f
competition, such as the agreements and established conduct o
f
enterprises "which
reduce trade between states".
I
f the competition authorities of the member states and their
courts apply the national rules in the context o
f
judicial proceedings with interstate elements,
then at the same time they must apply
A
rticles 101 and 102 of the TF
EU
.
I
t is therefore worth
n
oting that the prohibition of cartel based on
A
rticle 101 TF
EU
has priority as a right of the
U
nion against the national law of the Member States. The application of national law does
n
ot lead to the prohibition of agreements which do not qualify as restrictive of competition
under
A
rticle 101 of the TF
EU
or the exemptions of
A
rticle 101 paragraph 3 of TF
EU
. The
fi eld of application of
EU
competition rules is mainly covered by the material scope of the
Lisbon Treaty.
E
xceptional areas
f
or sectors that are state-level competence are not covered
b
y the Treaty.
A
restrictive exemption exists in the area of agriculture under
A
rticle 42 TF
EU
,
e
specially
f
or agreements, which are necessary and are an important part o
f
market rules or
which lead to the implementation of the purposes of
A
rticle 39 of the TF
EU
.
A
rticle 102 TF
EU
i
s applicable in the
fi
eld o
f
non-limiting agriculture. Competition rules apply mainly to the
fi eld of transport. The modalities for the implementation of transport rules within the area o
f
transport are regulated in particular through a series of secondary rules (the so-called
U
nion
s
econdary law: the Regulation and the Directive).
K
e
y
words
:
E
CJ Decision, Competition Law,
EU
.
I
ntr
odu
ct
io
n
Com
p
etition rules are a
pp
lied to the whole territor
y
o
f
EU
Member States.
O
n the
ot
h
er
h
an
d
, it is not exc
l
u
d
e
d
t
h
at t
h
ese ru
l
es a
l
so a
pply
to enter
p
rises t
h
at
h
ave
th
eir
h
ea
dq
uarters in a t
h
ir
d
countr
y
as we
ll
as wit
h
in economic an
d
commercia
l
t
ransactions in t
h
ir
d
countries. T
h
e commission was
p
articu
l
ar
ly
d
riven
by
t
h
e
p
rinci
p
le o
f
action.
A
ccording to this
p
rinci
p
le, the a
pp
lication o
f
domestic state
law to issues o
f
f
oreign elements is a
pp
licable to ma ers o
f
f
oreign origin i
f
the
i
ssues taken have e
ects in that countr
y
. The
E
CJ has tried to avoid the
p
rinci
p
le
o
f
im
p
lementation, based on the
p
rinci
p
le o
f
territorialit
y
o
f
the countr
y
where the
carte
l
agreement was conc
l
u
d
e
d
.
Cartel rules a
pp
l
y
to enter
p
rises and commercial com
p
anies.
A
ccording to the
EU
's
r
ight to de
fi
ne an enter
p
rise, it is necessar
y
to exercise an economic activit
y
, this
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