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Private Regulation and the Internal MarketSports, Legal Services, and Standard Setting in EU Economic Law$
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Mislav Mataija

Print publication date: 2016

Print ISBN-13: 9780198746652

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198746652.001.0001

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Competition Law and Private Regulation

Competition Law and Private Regulation

(p.68) III Competition Law and Private Regulation
Private Regulation and the Internal Market

Mislav Mataija

Oxford University Press

This chapter examines how EU competition law is applied to private regulation. It argues that, instead of limiting its scope to avoid clashes with regulatory measures, it follows a broad approach. It rarely excludes private regulation from scrutiny, but compensates by allowing the justification of regulatory measures even if they might lead to inefficient outcomes. In this way, EU competition law attempts to internalise potential conflicts between competition and other regulatory objectives. The chapter argues that the broad availability and relative flexibility of EU competition law creates opportunities for EU and Member State institutions to impose reforms on private regulators without entering into direct conflict. It traces these trends by bringing together diverse strains of case law that applies competition law either directly to private regulators or to the State, under the provisions of Arts 101, 102, and 106 TFEU.

Keywords:   competition law, anticompetitive agreements, associations of undertakings, abuse of a dominant position, special and exclusive rights, State action doctrine, aims of competition law, public policy objectives, ‘inherent restriction’ test, competition and regulation

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