National measures restricting competition, and national authorities under Article 10 EC

Abstract:

If national legislation requires companies to infringe Art.81, the legislation is contrary to the obligations of the Member State under Art.10 and a national competition authority is obliged to disregard it. However, under Ladbroke the companies have no duty to disobey the legislation until it is held to be contrary to EC law. The Court in Fiammiferi held that the companies cannot be fined for their conduct during the period before the national authority decides that the legislation is contrary to EC rules.