The rest of EU Law midterm

What does CJEU case law reveal about Member States' arguments regarding EU principles?

Member States' arguments often test the limits of EU principles, particularly the free movement of goods and establishment.

What justifications do Member States use to defend restrictive measures against EU principles?

Public policy, consumer protection, or fiscal stability.

How does the CJEU assess restrictions imposed by Member States?

The CJEU assesses whether those restrictions are proportionate and necessary, ensuring they don’t undermine the internal market's effectiveness.

In which case did the CJEU rule that Belgium’s origin certificate rule hindered trade?

Das.onville (1974) found that it hindered cross-border commerce.

What principle was upheld in the Omega (2004) case concerning Germany's ban on a game?

Fundamental rights can justify limited restrictions, as the ban was accepted as proportionate.

What options do companies have when exercising their freedom of establishment?

They can set up a branch, establish a subsidiary, or engage in cross-border conversion or merger.

Under which articles are the freedoms of establishment for companies protected?

Articles 49 and 54 TFEU.

What is the difference between a branch and a subsidiary?

A branch operates as part of the parent company, while a subsidiary is a separate legal entity.

What does the Directive 2005/56/EC govern?

It governs cross-border mergers between companies from different Member States.

What safeguards are involved in EU merger procedures?

Drafting common merger terms, preparing reports, obtaining evaluations, approval by general meetings, and issuance of pre-merger certificates.

What does the SIEC test ensure under the EU Merger Regulation?

That mergers do not significantly impede effective competition.

What unique challenges do groups of companies face in competition law?

They operate as economic units while consisting of legally separate entities.

What was the ruling of the CJEU in Sumal (2021) regarding subsidiary liability?

A subsidiary can be held liable for the parent company’s cartel participation if it forms part of the same economic unit.

What type of agreements govern supplier and distributor collaborations?

Distribution agreements.

What are the main types of distribution agreements?

Exclusive distribution, selective distribution, and franchising.

What does the Vertical Block Exemption Regulation (2022/720) conditionally permit?

Certain types of distribution agreements.

What was upheld in the Coty (2017) case regarding selective distribution?

Selective distribution was upheld to preserve a luxury brand's image.

What obligations does the Digital Services Act impose on digital platforms?

Compliance with due diligence duties, including removing illegal content and maintaining transparency.

What are “very large online platforms” (VLOPs) subject to under EU regulation?

Special obligations to assess systemic risks and ensure compliance audits.

What is essential for market integrity in the EU internal market?

Ensuring that economic actors compete fairly and transparently.

How does the Competition Law framework in the EU maintain market integrity?

By preventing anti-competitive agreements and monopolistic behavior.

What principle does the CJEU reinforce in relation to market integrity and competition?

The principle of maintaining an area without internal frontiers, promoting contestability.

What do consumer protection and data safety contribute to in the internal market?

Market integrity.

How is the legitimacy and effectiveness of the internal market preserved?

Through consistent enforcement of competition and digital regulation.