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"ARTICLE 104 TFEU" [2018] ELECD 14; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 207

Book Title: European Competition Law

Editor(s): VerLoren van Themaat, Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

Section: Chapter 7

Section Title: ARTICLE 104 TFEU

Number of pages: 1

Extract:

7 ARTICLE 104 TFEU* COMPETENCE OF AUTHORITIES IN MEMBER STATES Until the entry into force of the provisions adopted in pursuance of Article 103, the authorities in Member States shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the internal market in accordance with the law of their country and with the provisions of Article 101, in particular paragraph 3, and of Article 102. The term `authorities in Member States' in Article [104 TFEU] refers to either the 7.01 administrative authorities entrusted, in most Member States, with the task of applying domestic legislation on competition subject to the review of legality carried out by the competent courts, or else the courts to which, in other Member States, that task has been especially entrusted.
CoJ 30 April 1986 (Asjes, Joined Cases 209­213/84) [1986] ECR I-1425, para 55. [T]he term `authorities in Member States' within the meaning of Article [104 TFEU] 7.02 does not include the criminal courts whose task is to punish breaches of the law.
CoJ 30 April 1986 (Asjes, Joined Cases 209­213/84) [1986] ECR I-1425, para. 56.
*
This chapter was written by Berend Reuder and Weijer VerLoren van Themaat.
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