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Running head: EU COMPETITION LAWCompetition LawName of the student:Name of the university:Author note
1EU COMPETITION LAWIntroduction:The subject matter of the case is based on the facts regarding the provisions of theTreaty of Functioning of the European Union (TFEU) and certain initiatives have been takento identify the relevant provision of the facts. It is to be pointed out that what are the reasonsbehind the change of focus of the EU commission from protection of competition to thesafeguarding consumer welfare. It is to be understood the meaning of the competition and therelation of the same with the consumer welfare. In general, it has been observed that thecompetition is a process through which the companies use to offer certain goods and servicesto the consumers. Competition helps to reduce the cost of the goods and facilitate the servicesregarding the same. There are certain treaties implemented to regulate the competition withinthe provinces of the European Union and among all the treaties, Treaty of Functioning of theEuropean Union (TFEU) is one of the most important in this case. The subject of the case isevolved with two provisions of the treaty that are Article 101 and Article 102. Objectivesregarding both the Articles are to restrict all the steps that are taken to close the chance ofcompetition in the consumer related matters1. The European Union commission has the rightto deal with the provisions of the treaty. There are certain reasons that taking place in recenttimes regarding the transferring of focus from the protection of competition to the safeguardsconsumer welfare. It has been decided by the commission that the most important thing is toprotect the interest of the consumers.The Treaty of Functioning of European Union was for the first time generated in theyear 1957 in Rome and the then name of the treaty was European Economic Community2.1Wallace, Helen, Mark A. Pollack, and Alasdair R. Young, eds.Policy-making in theEuropean Union. Oxford University Press, USA, 2015.2Nugent, Neill.The government and politics of the European Union. Springer, 2017.
2EU COMPETITION LAWLater on 2007, the treaty was known as Treaty of Functioning of European Union. The treatyis divided into seven parts. The base and the value of the treaty are discussed in the first part.It consists of 17 Articles. The second part of the treaty delivers its views regarding the non-discrimination and certain steps have been taken for the interest of the nation as well as theEuropean Union. Policies and the internal actions of the European Union are being discussedin the third part of the treaty. The consumer related matter has been discussed in the third partof the Treaty3.Article 101 of TFEUArticle 101 is a prohibitory section that restricts the market operators who wanted tostop the competitive mentality4. It has been stated by the European Union that competitivementality is important to retain the growth in market and it is held that the market operatorsare contracting agreements by two ways. When the agreements are being made in betweenthe actual and potential competitors, that is known as the horizontal agreement and when inthe agreement process, different types of firms are engaged, it becomes known as verticalagreement. The provision of Article 101 creates effect in the internal market area. Certainprovisions are being mentioned under this Article to restrict all the attempts made for theprohibition of competition.3Bourgeois, Jacques. "Competition policy: the poor relation in the European Union free tradeagreements."The European Union in the world: essays in honor of Marc Maresceau.Martinus Nijhoff, 2014. 381-397.4Nugent, Neill.The government and politics of the European Union. Springer, 2017.
3EU COMPETITION LAWIt has been mentioned under the Article that the undertakings and the decisions thatare directly or indirectly inflicting the theories of competition has to be prohibited5.This isthe provision regarding the internal marketing policy of European Union. The member statesare restricted to take any kind of steps that will be an obstacle regarding the competition inthe market.There should not be any dissimilarity regarding the transactions with the othertrading parties and it should be bored in mind that certain supplementary obligations are to beimposed on the cartels. It has also been stated under the Article that if there is any decisionschoose against the objective of the treaty shall be made void automatically.The objective of the Article is to provide relief to them who are affecting by the anti-competitive behavior. The European Union has taken such steps to avoid the complexion inthe market policies. It is stated by the European Union that it is important to maintain aclarity regarding the internal marketing policies and retain economic efficiency in themarkets.Article 102 of TFEUThe main aim of the Article is to prevent those who have a dominant mentality andwant to abuse the process of market. It has been alleged that the private sectors are trying toreduce the competitive mentality and avoid the monopolistic character of the market. Thisdominant mentality has been found in the sectors of the firm base. It has been stated by theArticle that from the report of the market analyst that the dominancy regarding the marketingpolicies are high in number. Certain processes are taking for the reduction of the topics forthe betterment of the society. The word market is playing an important role in the field of the5McCormick, John.Understanding the European Union: a concise introduction. PalgraveMacmillan, 2014.