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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 October 2021

Chapter 1 Rules on Competition

Chapter 1 Rules on Competition

Chapter 1 Rules on Competition
The EU Treaties and the Charter of Fundamental Rights

Manuel Kellerbauer

Oxford University Press

Chapter 1 (‘Rules on competition’) of Title VII (‘Common rules on competition, taxation and approximation of laws’) contains two essentially distinct sections that aim at safeguarding undistorted competition within the internal market. Chapter 1 Section 1, entitled ‘Rules applying to undertakings’ predominantly contains rules regarding practices on the part of private actors that are capable of restricting competition in the internal market. Solely Article 106 TFEU is also addressed to MS to the extent that they act through public undertakings or grant undertakings special or exclusive rights. By contrast, Section 2 entitled ‘Aids granted by States’ addresses intervention through state resources that threatens to distort competition in the internal market.

Keywords:   private actors, Treaty objective of a single market, ToL

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