حظر الاتفاقيات التجارية المقيدة للمنافسة وفقا لنص المادة (101)‎ من اتفاقية الاتحاد الأوروبي : قراءة تحليلية في ضوء قرارات محكمة العدل الأوروبية و مفوضية شؤون المنافسة للاتحاد الأوروبي

Abstract EN

The aim of this paper is to detect the general criteria and measures- adopted by the European court of justice and the European commission for competition- with regard to agreements between undertakings that may affect trade between Member States, in order to ensure internal market requirements and the protection of consumer legal interests when making market transactions.

Article (101) of the European Union treaty prohibits all agreements between undertakings that may affect trade between Member States.

In contrast, it does not determine how to apply and ensure this prohibition.

All Arab legal systems did the same.

This requires us to take advantage from jurisdictions and administrative decisions issued by the European court of justice and the European commission for competition, to conclude jurisprudences and administrative decision dealing with the application of this prohibition.

This research begins with the explanation of the scope of application of the prohibition via determining the activities of the contracted undertakings subject to this control in addition to the legal nature of the controlled agreements.

In its second part, the study discuses used legal conditions and measures that may affect trade between member States.