Court of Justice of the EU and Prohibition of Monopolistic Activities in EU Law

Journal Issue:

Author Information: 

Doctor of Law, Professor at the Department of International Law of the Peoples’ Friendship University of Russia.

Abstract: 

In article "Court of Justice of the EU and Prohibition of Monopolistic Activities in EU Law" general review of the European Union antitrust law is given. Author of this article defines a place of legislation on protection of competition in the system of laws of the European Union, considers modern practice of European Court of Justice in the sphere of protection of the competition. Prospects of antimonopoly policy of EU development discussed. In this article bodies of European Union, authorized to make decisions in the sphere of the antitrust law and protection of competition are considered. As a result of the carried-out analysis of European Union's institute functions author comes to the conclusion that the main complexity in antimonopoly policy of the European Union regulation consists of the antimonopoly regulations in all EU member states (special national laws) which are very difficult for harmonizing within the European Union die to various reasons. Case law of the European Union in the sphere of antimonopoly regulation are directed on illumination of legal gaps in the European Union laws, and also to the collisions between EU and national laws, orders of member states of the European Union illumination.

Keywords: 

Prohibition of Monopolistic Activities, Case Law, competition, monopolies, control capitalization, natural monopolies, state monopolies. Court of European Union.

REFERENCES: 

[1] Treaty on the Functioning of the European Union / / European Union: the underlying acts .... Ordinance. Op. S. 259.
[2] VF Popondupolo Antitrust regulation and protection of competition: an overview / / Competition law. 2011. Number 1.
[3] Council Regulation 4064/89 / / OJ. 1989. I-395.
[4] Commission Regulation (EC) No 802/2004 of 21 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings / / OJ. N L 133, 30.4.2004.
[5] The decision of the Court of Justice in the case of «Servizi Ecologici Portondi Genova» / / Rec. 1997, I-1547.
[6] The decisions of the Court of Justice for «Enichem Anie v. Commission T-6/89 / / Rec. 1991, II-1623, «Shell v. Commission »T-II/89 / / Rec. 1992, II-757.
[7] The decision of the Court of Justice in the case of «Consten and Grudig v. Commission »/ / Rec. 1966, 299.