Volume 9 (2009)
Most Downloaded Articles
- Definition of "Investment": Could a Persistent Objector to the Salini Tests be Found in ICSID Arbitral Practice? by Martin, Antoine
- Comparative Personal Property: The Case of Shares by Pretto, Arianna
- Female Circumcision as Female Genital Mutilation: Human Rights or Cultural Imperialism? by Oba, Abdulmumini A
- The E-Commerce Directive and Formation of Contract in a Comparative Perspective by Ramberg, Christina Hultmark
- The International Legal Personality of Multinational Enterprises: Treaty, Custom and the Governance Gap by Hansen, Robin F.
European Competition Law and Nonprofit Organizations: A Law and Economics Analysis
1Institut für Recht und Ökonomik - Universität Hamburg, email@example.com
Citation Information: Global Jurist Topics. Volume 6, Issue 1, Pages –, ISSN (Online) 1535-167X, DOI: 10.2202/1535-167X.1196, April 2006
- Published Online:
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.