§1.2.11 Interplay with Articles 101-102 TFEU (EU competition rules)

COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

Council Regulation (EC) No 1/2003 (87) provides the legal framework for implementing the competition rules laid down in Articles 101 and 102 TFEU. Both Articles are without prejudice to the UCPD. Article 101(1) TFEU prohibits in certain circumstances agreements between undertakings, decisions by associations of undertakings and concerted practices, such as fixing purchase or selling prices or other trading conditions, which have as their object or effect the prevention, restriction or distortion of competition in the EU. Article 102 TFEU prohibits, in certain circumstances, the abuse of a dominant position by one or more undertakings. Such an abuse may, for example, consist in applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage, or directly or indirectly imposing unfair purchase or selling prices. The fact that a given conduct is in breach of Articles 101 or 102 TFEU does not automatically mean that it is also unfair under the UCPD (or vice versa). The breach of competition rules should, however, be taken into account when assessing the unfairness of commercial practices under the UCPD insofar as they may be considered contrary to the general clause of Article 5(2) UCPD concerning ‘professional diligence’.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07