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...