State Action Doctrine – the Liability of the State for Introduction of Anticompetitive Agreements or 
Decisions into National Law Cover Image
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State Action Doctrine – отговорността на държавата за въвеждане на антиконкурентни споразумения или решения в националното право
State Action Doctrine – the Liability of the State for Introduction of Anticompetitive Agreements or Decisions into National Law

Author(s): Rashko Stoyanov
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: EU law; competition; state liability; anticompetitive agreements or decisions

Summary/Abstract: Ensuring the smooth functioning of the European Union's internal market is one of the most important objectives set out in the Treaties. In this direction, however, efforts at Union level alone are not enough to achieve it. Member States also play their role, which, among other things, takes the form of a duty of sincere cooperation with the Union, enshrined in Article 4 (3) of the TEU. One of its applications is in relation with Article 101 (1) TFEU which covers the anticompetitive behavior of undertakings. On the basis of these provisions, the Court of Justice of the EU has established case law – state action doctrine, under which Member States are obliged to refrain from introducing or maintaining in their national law anticompetitive agreements between undertakings or decisions by associations of undertakings which may deprive the rules of competition in the EU from their effectiveness.

  • Issue Year: LVIII/2017
  • Issue No: 4
  • Page Range: 101-115
  • Page Count: 15
  • Language: Bulgarian