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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: 27 November 2021

Section 1 Rules applying to undertakings

Section 1 Rules applying to undertakings

(p.994) Section 1 Rules applying to undertakings
The EU Treaties and the Charter of Fundamental Rights

Manuel Kellerbauer

Oxford University Press

Section 1 (‘Rules applying to undertakings’) of Chapter I (‘Rules on Competition’), comprising Articles 101–106 TFEU, is predominantly concerned with the behaviour of undertakings that can distort competition. 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. Section 1 contains two key provisions: Article 101 TFEU, which is concerned with forms of contacts between two or more undertakings, and Article 102 TFEU, which is directed at unilateral conduct of undertakings that have particular market power. Both provisions solely target behaviour that can distort competition and affect trade between MS. Articles 101 and 102 TFEU are not mutually exclusive but can apply to the same conduct.

Keywords:   two key provisions, applicability under public international law, conduct of an undertaking

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