International trade transactions modelling depending on the EU competition rules

Abstract

The EU Competition Rules may influence the formation, the content and the termination of international trade contracts. This influence may manifest even if the negotiations between the parties do not conclude with a mutually acceptable result. 

In certain situations, the intervention of the EU competition rules may determine the conclusion or not of some contracts by the economic operators.

 Moreover, the EU competition rules may influence the manner in which are elaborated numerous general and specific provisions of the international trade contracts.

Aspects regarding the termination of contracts may be submitted, all the same, to the EU competition rules.

The shown rules may intervene as provisions belonging to the law governing the contract; as provisions which cannot be derogated from by agreement; in the meaning of art. 3, paragraph (4) of the Regulation no. 593/2008 of the law applicable to contractual obligations; of EU public policy norms or of overriding mandatory provisions.

The observance of the EU competition rules is ensured, as the case may be, by the Commission, by the EU member states competition authorities, by the EU and member states courts.