competition within the common market

Article 81(1) of the Treaty prohibits cartels at European level, notably those having as their object the restriction or distortion of competition within the common market.

However, a coincidental increase in prices will not in itself prove a concerted practice, there must also be evidence that the parties involved were aware that their behaviour may prejudice the normal operation of the competition within the common market.

However the case law of the European Court makes it clear that, irrespective of how undertakings become dominant, such undertakings have a special responsibility not to allow their conduct to impair genuine undistorted competition within the Common Market.

Art 85(1) of the EC Treaty prohibits all agreements between undertakings that may affect trade between member states and which have as their object, or effect, the prevention, restriction or distortion of competition within the Common Market.

For the EC, Article 85 of the Treaty of Rome prohibits agreements designed to prevent, restrict, or distort competition within the common market, though specific agreements may be exempted by the European Commission if they are found to have overall net benefits.

Under Article 85 of the Treaty any agreement between air carriers which may affect trade between Member States and which results in the restriction and distortion of competition within the common market is incompatible with the common market and is therefore prohibited.

Large European manufacturers should not encounter competition within the common market in the form of various kinds of State aid or special terms, but should see a response from a strong, decisive and coordinated Europe, since the fortune of the European car market will be measured by our ability to face global competition together.