Article 102 of the Treaty on the Functioning of the European Unio

Competition law provides for the prohibition of cartels (Article 101 of the Treaty on the Functioning of the European Union) and the prohibition of abuse in the domestic market (Article 102 of the Treaty on the Functioning of the European Union). Articles 103-105 of the Treaty on the Functioning of the European Union regulate the competence in law-making and the particularities of state enterprises and enterprises entrusted with the management of services of general economic importance (Article 106 of the Treaty on the Functioning of the European Union).
As well as fundamental freedoms apply to relations with the international element, and Art. 101-102 of the Treaty on the Functioning of the European Union apply to competition in the domestic market. They do not apply to national situations. Unlike fundamental freedoms, processes that take place in one Member State can have a special economic significance and influence on other Member States. A ban on cartels may be deemed not applicab...