European Economic Area Competition Procedure

Abstract

Abstract This chapter explores the general structure of the competition provisions and procedure, including the rules on State aid—applicable under the Agreement on the European Economic Area (EEA Agreement). The European Free Trade Association (EFTA) was established in 1960 by Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom. Its goal was to reduce or remove import duties, quotas, and other obstacles to trade in Western Europe and to uphold liberal, non-discriminatory practices in world trade. EFTA membership served as a platform for EFTA members to negotiate a specific agreement with Member States of the European Community for an extension of the internal market to those countries. The resultant EEA Agreement came into force on 1 January 1994. The EEA Agreement is an international treaty that is considered to be sui generis and which contains a distinct legal order of its own. The Agreement, whilst falling short of a customs union, has created the world's largest integrated economic area. The chapter then describes the substantive competition rules under the EEA Agreement, the procedure to be followed in their application, and the allocation of jurisdiction between the EU Commission and the EFTA Surveillance Authority (ESA) in that application.