Article 3 of regulation 1/2003 and the doctrine of pre-emption

Abstract

This contribution examines Article 3 of Regulation 1/2003, a provision that contains exceptions to the uniform application of EU competition law. By reference to the constitutional law doctrine of pre-emption, this contribution argues that in Regulation 1/2003, the Council of the EU validly modulated the effects of the principle of primacy of EU law. Concretely, this contribution defends that Article 103 of the Treaty on the Functioning of the EU allows the Council of the EU to limit the displacement of national law contrary to EU competition law and that this was done concerning national rules on unilateral conduct stricter than Article 102 of the same treaty.