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Document 11992E085

    TREATY ESTABLISHING THE EUROPEAN COMMUNITY
    TITLE V : COMMON RULES ON COMPETITION TAXATION AND APPROXIMATION OF LAWS
    CHAPITRE 1 : RULES OF COMPETITION
    SECTION 1 : RULES APPLYING TO UNDERTAKINGS
    ARTICLE 85

    /* CODIFIED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY */

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/tec_1992/art_85/oj

    Date of document:
    07/02/1992
    Date of effect:
    01/11/1993; Dħul fis-seħħ Ara ĠU L 93/293 P. 61
    Date of end of validity:
    No end date
    Author:
    It-tnax-il Stat Membru: il-Belġju, id-Danimarka, il-Ġermanja, l-Irlanda, il-Greċja, Spanja, Franza, l-Italja, il-Lussemburgu, il-Pajjiżi l-Baxxi, il-Portugall, ir-Renju Unit
    Form:
    Trattat
    Authentic language:
    Spanjol, Daniż, Ġermaniż, Grieg, Ingliż, Franċiż, Taljan, Olandiż, Portugiż
    Treaty:
    Trattat li jistabbilixxi l-Komunità Ewropea
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    11992E085

    TREATY ESTABLISHING THE EUROPEAN COMMUNITY - TITLE V : COMMON RULES ON COMPETITION TAXATION AND APPROXIMATION OF LAWS - CHAPITRE 1 : RULES OF COMPETITION - SECTION 1 : RULES APPLYING TO UNDERTAKINGS - ARTICLE 85 /* CODIFIED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY */

    Official Journal C 224 , 31/08/1992 P. 0028


    Article 85

    1. The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which 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, and in particular those which:

    (a) directly or indirectly fix purchase or selling prices or any other trading conditions;

    (b) limit or control production, markets, technical development, or investment;

    (c) share markets or sources of supply;

    (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;

    (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

    2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void.

    3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of:

    - any agreement or category of agreements between undertakings;

    - any decision or category of decisions by associations of undertakings;

    - any concerted practice or category of concerted practices;

    which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not;

    (a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;

    (b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

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