R v Competition Commission and others ex p Milk Marque Ltd and another (Dairy Industry Federation, Third Party)
R v Competition Commission and others ex p Milk Marque Ltd and another (Dairy Industry Federation, Third Party)
- 2004
- Weekly Law Reports [2004] 2 WLR 374-418(115) .
C-137/00, 9 September 2003. Examined the issue of the domination of co-operatives in the dairy market and whether this contravened EU law on monopolies. The first respondent, Competition Commission (C), reported that the first applicant, Milk Marque (M), had a powerful position in the milk market and had exploited it and artificially inflated prices. C also recommended that M be prevented from expanding into other EU states. However, M and the second applicant, the National Farmers' Union contended that these measures were rendered unlawful by the existence of powerful co-operatives in other EU states. "Held": that the maintenance of effective competition on the market for agricultural products was one of the objectives of the Common Agricultural Policy, EC Treaty Arts 32-38, Regulation (EEC) 804/68 and Regulation (EEC) 26/62. That member states retained jurisdiction to apply their national competition law to a milk producer's co-operative occupying a powerful position on the national market in order to achieve a price that served both producers and consumers. That the measures were not unlawful and that the HC would need to carry out an investigation into the situation in the UK dairy market and the effect of the measures. View the judgment at www.curia.eu.int.
R V COMPETITION COMMISSION AND OTHERS EX P MILK MARQUE LTD AND ANOTHER
MILK MARKET
MILK PRICES
MILK PRODUCERS
COMPETITION ACT 1998
COMPETITION LAW
FAIR TRADING ACT 1973
EUROPEAN COMPETITION LAWS
REGULATION (EEC) 804/68
REGULATION (EEC) 22/62
EC TREATY ART 32
EC TREATY ART 33
EC TREATY ART 34
EC TREATY ART 35
EC TREATY ART 36
EC TREATY ART 37
EC TREATY ART 38
C-137/00, 9 September 2003. Examined the issue of the domination of co-operatives in the dairy market and whether this contravened EU law on monopolies. The first respondent, Competition Commission (C), reported that the first applicant, Milk Marque (M), had a powerful position in the milk market and had exploited it and artificially inflated prices. C also recommended that M be prevented from expanding into other EU states. However, M and the second applicant, the National Farmers' Union contended that these measures were rendered unlawful by the existence of powerful co-operatives in other EU states. "Held": that the maintenance of effective competition on the market for agricultural products was one of the objectives of the Common Agricultural Policy, EC Treaty Arts 32-38, Regulation (EEC) 804/68 and Regulation (EEC) 26/62. That member states retained jurisdiction to apply their national competition law to a milk producer's co-operative occupying a powerful position on the national market in order to achieve a price that served both producers and consumers. That the measures were not unlawful and that the HC would need to carry out an investigation into the situation in the UK dairy market and the effect of the measures. View the judgment at www.curia.eu.int.
R V COMPETITION COMMISSION AND OTHERS EX P MILK MARQUE LTD AND ANOTHER
MILK MARKET
MILK PRICES
MILK PRODUCERS
COMPETITION ACT 1998
COMPETITION LAW
FAIR TRADING ACT 1973
EUROPEAN COMPETITION LAWS
REGULATION (EEC) 804/68
REGULATION (EEC) 22/62
EC TREATY ART 32
EC TREATY ART 33
EC TREATY ART 34
EC TREATY ART 35
EC TREATY ART 36
EC TREATY ART 37
EC TREATY ART 38