Effect on trade between Member States

A necessary condition for the application of EU antitrust rules. Articles 101 and 102 of the EC Treaty are only applicable if there may be a direct or indirect, actual or potential influence on the flow or pattern of trade between at least two Member States of the EU....

Effects doctrine

According to this doctrine, domestic competition laws are applicable to foreign firms — but also to domestic firms located outside the State’s territory, when their behaviour or transactions produce an ‘effect’ within the domestic territory. The ‘nationality’ of firms...

Enabling regulation

Legislative act by which the Council empowers the Commission to adopt secondary Community legislation (in the form of regulations or directives) such as, for example, block exemption regulations or implementing regulations. Source: Glossary of terms used in EU...

English clause

Contractual agreement in the context of single branding arrangements between a supplier and its customer (for example, a retailer), allowing the latter to purchase a product from other suppliers on more favourable terms, unless the ‘exclusive’ supplier accepts to...

Entry barriers

Barriers to entry are factors that prevent or hinder companies from entering a specific market. Entry barriers may result, for instance, from a particular market structure (for example, sunk cost industry, brand loyalty of consumers to existing products) or the...