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Competition in transport by rail, road and inland waterway
This summary has been archived and will not be updated, because the summarised document is no longer in force or does not reflect the current situation.
Competition in transport by rail, road and inland waterway
SUMMARY OF:
Article 102 TFEU — rules applying to companies: abuses by companies in a dominant position
WHAT IS THE AIM OF THE REGULATION AND ARTICLES 101 AND 102 TFEU?
The regulation sets out the EU’s competition rules as they apply to transport by road, rail and inland waterways.
Articles 101 and 102 TFEU prohibit anticompetitive agreements and concerted practices between businesses, as well as abuses of dominance*.
KEY POINTS
Regulation (EC) No 169/2009 applies to agreements, decisions and concerted practices which have as their aim or effect:
Exception for technical agreements
However, the prohibition provided for in Article 101(1) TFEU does not apply to agreements, decisions or concerted practices which have the aim and effect of applying technical improvements or achieving technical cooperation by:
Exemption for groups of small and medium-sized businesses
The regulation also allows for the exemption of groups of small and medium-sized businesses, where:
However, if the implementation of agreements, decisions or concerted practices has effects which are incompatible with Article 101(3) TFEU, businesses may be required to make such effects cease.
FROM WHEN DOES THE REGULATION APPLY?
It has applied since 25 March 2009.
Regulation (EC) No 169/2009 codifies and repeals Regulation (EEC) No 1017/68 with the exception of Article 13(3) of that regulation, which continues to apply to decisions adopted under Article 5 of that regulation before 1 May 2004, until those decisions expire.
BACKGROUND
For more information, see:
KEY TERMS
MAIN DOCUMENTS
Council Regulation (EC) No 169/2009 of 26 February 2009 applying rules of competition to transport by rail, road and inland waterway (Codified version) (OJ L 61, 5.3.2009, pp. 1-5)
Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89)
Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 102 (ex Article 82 TEC) (OJ C 202, 7.6.2016, p. 89)
last update 06.03.2018