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ARTICLE · 16 SEPTEMBER 2024

A Practitioner's Perspective On Direct Effect Of EU Law And Antitrust Law

WilmerHale
WilmerHale
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WilmerHale

WilmerHale

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EU competition law – Antitrust – Articles 101 and 102 of the TFEU – CJEU – Direct effect of EU law – Direct effect of treaty provisions – Direct effect of secondary legislation...

United StatesAntitrust/Competition Law

EU competition law – Antitrust – Articles 101 and 102 of the TFEU – CJEU – Direct effect of EU law – Direct effect of treaty provisions – Direct effect of secondary legislation – Effectiveness principle – Principle of equivalence – Direct effect of fundamental rights EU competition rules are crucial to the strengthening of the Union's internal market. And direct effect has long been a structuring legal principle of the Union's legal order, helping to ensure its autonomous nature. Thus, the way in which the principle of direct effect and the EU's antitrust provisions interact is of constant interest, especially in a recent context marked by the adoption of secondary legislation which has an influence on national legal regimes affecting the implementation of competition rules.

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