Volume 30 (2007)

Volume 30 (2007) / Issue 2

Eric Blomme, 'State Action as a Defence Against 81 and 82 EC' (2007) 30 World Competition, Issue 2, pp. 243–261


The purpose of this article is to examine the question to what extent private undertakings can be immunized from European competition law responsibility by relying on influence exerted on them by regulatory or non-regulatory Member State actions. Hereafter, I will use the term “State action defence”. It is very important to distinguish this issue from the question of the Member State responsibility for the above actions. Such responsibility, based on Articles 3, 10 and 81/82 of the EC-Treaty, will only briefly be mentioned in this article in so far as necessary for the purposes of discussion.

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ISSN: 1011-4548
ID: WOCO2007017