De konkurrensrättsliga sanktionsformerna

The fundamental prohibitions against anti-competitive agreements and abuse of a dominant position are set out in the EC Treaty, articles 81 and 82 respective CL 6 and 19 §. EU: s objectives can be said to promote economic and social development within the community. These objectives will be achieved, among other things, through the establishment of a common internal market. In order to achieve a common market, where companies from different nations compete on equal conditions, it is not enough to prevent the member states from distortion of competition in the market. The free competition and thereby the advantages the common market is assumed to create, can also be limited through measures taken by companies. It can however often be very profitable for the companies to infringe the prohibitions laid down in article 81 and 82 in the EC Treaty respective 6 and 19 § CL. In order for companies to abide to these articles sanctions are demanded. As can be seen, there are many types of sanctions which aim is to prevent infringements of the anti-competition articles. Against this background, the purpose of this dissertation is to examine and to comment on the principal questions around the competition court's sanctions for infringement of the material prohibitions