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EU Regulation and Competition Law in the Transport Sector, 2nd Edition edited by Ortiz Blanco, Luis; Van Houtte, Ben (23rd February 2017)

Part II Common Issues, 5 European Union Competition Law: Some Key Concepts

Luis Ortiz Blanco

From: EU Regulation and Competition Law in the Transport Sector (2nd Edition)

Edited By: Luis Ortiz Blanco, Ben Van Houtte

Subject(s):
Joint ventures — Market definition — Market power — European Union — Application of EU competition rules — Passenger transport — National merger control

Competition law disciplines the conduct of undertakings in the market, as long as the conduct is ‘significant for the market’. For this reason, it has been said that the central concern and the cornerstone of the antitrust and merger control rules is the creation or strengthening of market power. Chapter 5 presents some of the common features of EU competition law that are relevant in all modes of transport and have come back in all cases before the Commission and the Courts, including market definition, market power, and competition between different modes of transport. The chapter also gives the historical perspective on the application of the competition rules to this sector, from initially systematic non-application to eventual coverage along the same lines as other sectors of the economy. It describes the procedural rules applying to antitrust, merger control, and State aid cases.

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