Article 90 of the European Economic Community Treaty ("Treaty") prohibits member states from authorizing or ordering behavior infringing upon European Economic Community ("Community") antitrust law, even in the case of state enterprises. Indeed, Community law does not include a state action doctrine. However, it is not yet clear to what degree this prohibition prevents member state measures having competition-restricting effects. This article considers that question.
John Temple Lang,
European Community Competition Law and Member State Action,
Nw. J. Int'l L. & Bus.