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R v Competition Commission and others ex p Milk Marque Ltd and another (Dairy Industry Federation, Third Party)

Series: Weekly Law Reports ; [2004] 2 WLR 374-418(115)Publication details: 2004Subject(s): Online resources: Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67675 (Browse shelf(Opens below)) 1 Available 125523-1001

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.