Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Text with EEA relevance)
Modified by
Council Regulation (EC) No 411/2004of 26 February 2004repealing Regulation (EEC) No 3975/87 and amending Regulations (EEC) No 3976/87 and (EC) No 1/2003, in connection with air transport between the Community and third countries(Text with EEA relevance), 32004R0411, March 6, 2004
Council Regulation (EC) No 1419/2006of 25 September 2006repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services(Text with EEA relevance), 32006R1419, September 28, 2006
Council Regulation (EC) No 169/2009of 26 February 2009applying rules of competition to transport by rail, road and inland waterway(Codified version)(Text with EEA relevance), 32009R0169, March 5, 2009
Council Regulation (EC) No 246/2009of 26 February 2009on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)(Codified version), 32009R0246, March 25, 2009
Council Regulation (EC) No 487/2009of 25 May 2009on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector(Codified version)(Text with EEA relevance), 32009R0487, June 11, 2009
Council Regulation (EC) No 1/2003of 16 December 2002on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty(Text with EEA relevance)CHAPTER IPRINCIPLESArticle 1Application of Articles 81 and 82 of the Treaty1.Agreements, decisions and concerted practices caught by Article 81(1) of the Treaty which do not satisfy the conditions of Article 81(3) of the Treaty shall be prohibited, no prior decision to that effect being required.2.Agreements, decisions and concerted practices caught by Article 81(1) of the Treaty which satisfy the conditions of Article 81(3) of the Treaty shall not be prohibited, no prior decision to that effect being required.3.The abuse of a dominant position referred to in Article 82 of the Treaty shall be prohibited, no prior decision to that effect being required.Article 2Burden of proofIn any national or Community proceedings for the application of Articles 81 and 82 of the Treaty, the burden of proving an infringement of Article 81(1) or of Article 82 of the Treaty shall rest on the party or the authority alleging the infringement. The undertaking or association of undertakings claiming the benefit of Article 81(3) of the Treaty shall bear the burden of proving that the conditions of that paragraph are fulfilled.Article 3Relationship between Articles 81 and 82 of the Treaty and national competition laws1.Where the competition authorities of the Member States or national courts apply national competition law to agreements, decisions by associations of undertakings or concerted practices within the meaning of Article 81(1) of the Treaty which may affect trade between Member States within the meaning of that provision, they shall also apply Article 81 of the Treaty to such agreements, decisions or concerted practices. Where the competition authorities of the Member States or national courts apply national competition law to any abuse prohibited by Article 82 of the Treaty, they shall also apply Article 82 of the Treaty.2.The application of national competition law may not lead to the prohibition of agreements, decisions by associations of undertakings or concerted practices which may affect trade between Member States but which do not restrict competition within the meaning of Article 81(1) of the Treaty, or which fulfil the conditions of Article 81(3) of the Treaty or which are covered by a Regulation for the application of Article 81(3) of the Treaty. Member States shall not under this Regulation be precluded from adopting and applying on their territory stricter national laws which prohibit or sanction unilateral conduct engaged in by undertakings.3.Without prejudice to general principles and other provisions of Community law, paragraphs 1 and 2 do not apply when the competition authorities and the courts of the Member States apply national merger control laws nor do they preclude the application of provisions of national law that predominantly pursue an objective different from that pursued by Articles 81 and 82 of the Treaty.