European Competition Law and Nonprofit Organizations: A Law and Economics Analysis

Cristiana Cicoria, Institut für Recht und Ökonomik - Universität Hamburg

A GJ Topics article.

Abstract

For a long time it was assumed that the search for profits was inseparable from the carrying on of economic activity. Where the profit motive was absent, economic activity could not be imagined, or could at most be conceived of only as occasional and marginal. Current studies have shown, on the other hand, that nonprofit organizations, although neglecting profit-maximizing goals, also face inter and infra-sector competitive challenges, in some cases undertaking anticompetitive practices. Therefore, these organizations should no longer be a priori exempted from competition laws. This study discusses limits and challenges of the application of European competition law to nonprofit market actors. The analysis focuses in particular on the enforcement of Articles 81, 82 and 86 of the EC Treaty, discussing current criteria of interpretation and possible implementations.

Originally published in Global Jurist Topics.

Recommended Citation

Cicoria, Cristiana (2006) "European Competition Law and Nonprofit Organizations: A Law and Economics Analysis," Global Jurist Topics: Vol. 6 : Iss. 1, Article 3.
Available at: http://www.bepress.com/gj/topics/vol6/iss1/art3

 
 
 
 

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