Term and demarcation

Term

The trust right in the broader sense is the whole of all legal rules, which are directed toward the preservation of functioning, unhindered and as multiform a competition as possible and therefore above all the accumulation and the abuse of market power as well as the co-ordination and delimitation of the competition behavior of independent market participants control and fight. Strictly speaking "trust right" designates also the prohibition of competition-limiting agreements and behaviors (trust prohibition) and the regulations which are connected essentially with it.

The subject of the trust right in the broader sense is in particular

• the prohibition of competition-limiting agreements and behaviors (trust prohibition),
• the prohibition of the abuse of a dominating the market position,
• control of trusts (union control)

Demarcations

The protection of the integrity and Fairness of the competition are not the subject of the trust right. However the trust right is called together with the integrity right usually in summary competition right.

Also the assignment right is not subject of the trust right, even if it is regulated against restraints of trade in the meantime in the law.

Penetration

With the penetration of the trust right, as far as it concerns the European trust right, the European commission and the member-national competition authorities are common, as far as it concerns national trust right, which national competition authorities appoint (in Germany the Federal Cartel Office and the offices for national trust in the context of their competence; in Austria the higher regional court Vienna as trust court of first instance with the two office parties federal competition authority and federal trust lawyer, and the highest Court of Justice as upper trust court).

Sources of right

On European level the trust right is particularly by the kind 81 FF. the EEC contract and the regulations of the secondary Community law, in particular the fusion control regulation within the range of union control as well as the regulation 1/2003/EG and the group exemption regulations within the range of the trust prohibition and abuse control, dependent on it, regulated. In Germany the law is against restraints of trade the relevant basic standard, in Austria the restrictive trade practice act and the local supply law. Details to the trust right there in each case see therefore.

In relation to the trust right of the member states the European trust right has in principle (application) priority. As far as the European trust right is enough, the member-national trust right is unanwendbar therefore and/or remains it further applicably, may not however not to decisions lead, which deviate from the European right.

Contributions to the trust right

• Law against restraints of trade
• Federal Cartel Office
• Trust prohibition
• Union
• Union control
• dominating the market position
• Group exemption regulation

US-American anti-trust legislation

The first anti-trust law of the USA was the Sherman in such a way specified Antitrust act of 1890. This was extended again several times and/or changed 1914 by the Clayton act supplemental which. Supervisory authorities are the Federal trade Commission and the US Ministry of Justice. Contrary to the competition right of the European Union the US-American right knows also the decartelization of dominating the market enterprises.

Related links

• Text of the GWB
• Austrian KartG
• Austrian local supply law "NVG"
• Trust right in Austria

Articles in category "Trust right"

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