Report on the application of the Union competition rules to the agricultural sector

Summary:

On 26 October 2018 the European Commission presented a report on the application of the competition rules to the agricultural sector.

Further information:

This report is presented under Article 225(d) of Regulation (EU) 1308/2013 establishing a common organisation of the markets in agriculture ('CMO Regulation'). The report is based on input from national competition authorities, Member States and private organisations to the Commission, studies of the European Commission on producer organisations in the olive oil, arable crops and beef & veal sector (2017) and on interbranch organisations (2016).

The report covers the period from 1 January 2014 to mid-2017, as far as derogations from the competition rules in the CMO are concerned and from 1 January 2012 to mid-2017 for the description of antitrust investigations. The Commission Staff Working document accompanying the report provides additional information on the derogations and the antitrust investigations.

Background:

The Treaty on the Functioning of the European Union (TFEU) grants a special status to the agricultural sector. Under Article 42 TFEU, the Union competition rules apply to production of and trade in agricultural products only to the extent determined by the European Parliament and the Council, within the framework of Article 43(2) TFEU and taking into account the five objectives of increasing productivity, achieving a fair living standard of the agricultural community, market stabilisation, assuring availability of supplies and ensuring reasonable consumer prices.

The European Court of Justice recognises the precedence of the common agricultural policy over the objectives of the Treaty in the field of competition. It acknowledges that the maintenance of effective competition is one of the objectives of the common agricultural policy and common organisation of markets.

EUR-Lex: SWD(2018)450: Commission Staff Working Document accompanying the report https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:450:FIN

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