Article 82 And Public Health Bodies Considered

In deciding whether or not to impugn national public health bodies for abusive anti-competitive practices under article 82 of the EC Treaty, national and supranational courts are required to balance the need for effective competition in the internal market against a requirement to respect member state sovereignty in areas falling outside the full competence of the Community. Article 14(2) of the EC Treaty commits the Community to the establishment of an internal market which "shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured" in accordance with the requirements of the treaty, including its competition provisions.