Notes on EU Nations and the EC Treaty

Notes from Meeting with Professor Caruso

Article 81 is both vertical and horizontal (includes cartels)

Distinction between conduct that has interstate and intrastate effects.

Purely intrastate effects

Simple case. If the conduct is solely within the member state (intrastate), then there is no overlap of EC and state law. The state, however, will inform the EC so they can investigate the possibility of interstate effects.

Article 82 (dominance) with interstate effects.

The state must apply EC law to those interstate effects. As for intrastate effects, the member state can apply EC law if it is harsher than the national code.