АНТИКАРТЕЛНО ПРАВО ЕВРОПСКЕ ЕКОНОМСКЕ ЗАЈЕДНИЦЕ
THE ANTI-CARTEL LAW OF THE EUROPEAN ECONOMIC COMMUNITY

Summary/Abstract: The author analyses the legal establishment of the „competition law” in the European Economic Community. The basis of this the derives from the provisions of the Rome Agreement on the founding of the European Economic Community of 25th March 1957 (Articles 85. to 94.). There then ensued an extensive normative activity on the regulation of the question of free competition as well as the ban of cartel agreements and agreements regulating activities in the common market. An especially significant role in the suppression of unfair activities in the market and the ban of cartel agreements was played by the bodies of the EEC, namely, the Commission of the Community an the Court of Justice of the EEC. Special analysis is devoted to the practice of all the bodies, and on the basis of this practice an appropriate classification of particular abuses of free competition and the ban of cartel agreements is made. On the basis of the analysis of the legal origins (sources) and practice of the bodies of the Community, and especially the application of sanctions (the annulling of agreements, penalties and fines), the author comes to the conclusion that a considerable degree of safeguard of free and fair competition in the common market in achieved. The established legal system is applied in all cases of abuse of ban of cartel agreements effecting „international trade”. It is sufficient for that effect to be indirect. It is likewise unnecessary or the parties to be from different states, nor is it essential whether they are from the territory of the Community or third countries. Therefore, our organizations of associated labour having business transactions with companies in the EEC could also fall under the effect of the anticartel law of the Community. This could naturally apply to companies from third countries as well. The author made efforts that the paper should not only be of theoretical character but also serve as an experience to our organizations of associated labour, and at the same time to our government bodies striving to suppress unfair activities in our united Yugoslav market.

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