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I will pay for the following article The Modernization of Article 101 and 102 TFEU. The work is to be 16 pages with three to five sources, with in-text citations and a reference page.
I will pay for the following article The Modernization of Article 101 and 102 TFEU. The work is to be 16 pages with three to five sources, with in-text citations and a reference page. Another key step in the EU’s modernization of Articles 101 and 102 TFEU overt the last decade was the implementation of Merger Regulation 139/2004 which is applicable to concentrations having an EU characteristic. .Essentially each of the provisions forms the basis of the EU’s competition policy which is essentially a method for establishing the internal common market regime.5 This paper provides a critical appraisal of the EU’s modernization of Articles 101 and 102 TFEU and merger policy over the last ten years by analyzing these areas of the EU competition laws and policies. The first part of this paper will analyze Regulation 1/2003 and Articles 101 and 102 of TFEU. The second part of this paper will analyze Regulation 139/2004. . .Essentially Regulation 1/2003 provides the methods by which Articles 101 and 102 of TFEU can be enforced. The Modernization regulation abrogated the centralized method for effecting exemptions on an individual basis relative to the enforcement provisions contained in Article 101 (3) of TFEU and simultaneously decentralized Articles 101 and 102’s enforcement regime by conferring upon national courts and their corresponding competition authorities in collaboration with the European Commission the authority interpret and apply the provisions.6
These changes were very important because previously, Regulation 17/62 provided the Commission with virtual autonomy in enforcing competition policies and rules and also in determining the wider policies that were to be adopted by the “centralized individual regimes”.7 As Cengiz explains, the abrogation of the centralized individual exemption regime and the adoption of a decentralized enforcement process:
In order to understand the implications of this unprecedented move by the EU, it is first necessary to examine Articles 101 and 102 to which Regulation 1/2003 applies. Articles 101 and 102 attempts to regulate conduct relative to undertakings and does not address mergers directly.9 To this end, Article 101 does not permit commercial arrangements that are comprised of agreements amongst undertakings, decisions among associations of any undertaking and practices in concert which could have consequences for trade among contracting states and which are aimed at or actually prevents, restricts or distorts competition. . .