The Treaty on the Functioning of the European Union (TFEU) contains rules to ensure that competition within the EU is not restricted or distorted, inter alia, by anti-competitive cartels, abuses of dominant positions, certain mergers and acquisitions or unfair State aid. These European competition rules have the force of law throughout the European Economic Area (EEA). They are applied by the European Commission and, in certain circumstances, by the national competition authorities of the Member States. EEA countries also each have their own national competition rules, which are generally based on EU rules. The general EU antitrust rules are set out in Articles 101 and 102 TFEU. Article 101 prohibits any agreements, whether formal or informal, written or not, or concerted practices between two or more `undertakings` (independent undertakings) which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition. Article 102 prohibits dominant undertakings from abusing their market power in a way which might affect trade between Member States. Agreements which fall within the prohibitions of Article 101 or 102 are inapplicable and the parties bring actions for damages from third parties before the national courts of the EEA. In addition, the European Commission and national competition authorities can investigate serious infringements (up to 10% of the group`s worldwide turnover) and impose significant fines.
These European competition rules also apply to practices or agreements concluded outside the EEA if they produce effects within the EEA (the “doctrine of effect”). The EU Merger Regulation complements Articles 101 and 102 by allowing the European Commission to control certain “mergers” (mergers, acquisitions and joint ventures) involving companies operating in Europe. Where a concentration does not have to be notified under the Merger Regulation, national merger rules at Member State level may apply instead. © Slaughter and May Applicable Law means all laws, ordinances, constitutions, ordinances, statutes, contracts, rules, codes, licenses, certificates, franchises, permits, common law principles, requirements and orders adopted, promulgated, implemented, promulgated, issued, registered or deemed applicable by or under the authority of any governmental authority having jurisdiction over a particular person or such person`s property or assets. become. © Law Insider The words rule and law are synonymous, but differ in nuance. In particular, the rule applies to more limited or specific situations. The words command and law can be used in similar contexts, but commandment usually suggests something deliberative rather than mandatory, usually communicated through teaching. Some common synonyms of applicable are apposite, apropos, relevant, material, relevant and relevant.
Although all of these words mean “relate to or relate to the matter under consideration”, applicable indicates the ability to apply a general rule or principle to a particular case.