Articles

ECONOMIC FREEDOM(S) AND ECONOMIC REGULATIONS IN THE MEMBER STATES: WHAT DOES THE EU (REALLY) LIBERALISE?


Abstract


The present article focuses on national restrictive regulations affecting market structure and functioning. It is argued that EU primary law permits, to a certain extent, a control of legality of such national measures in the light of both competition and free movement rules. The article examines the scope and the boundaries of such control, the legal models elaborated by the Court of Justice of the EU and highlights some implications in view of the enforcement at national level, in particular by the Italian Competition Authority ex Article 21-bis of Law No. 287/90.


Keywords


Anti-competitive State Measures; EU Internal Market; Entrepreneurial Freedom; Prohibited Restrictions and Justifications; Judicial Control; Art. 21-bis

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DOI: http://dx.doi.org/10.12870/iar-12416

References






Rivista Italiana Antitrust / Italian Antitrust Review
ISSN: 2284-3272

Iscrizione al Tribunale di Roma n. 300, del 12 dicembre 2013