Macculloch, Angus David (2017) State intervention in pricing : an intersection of EU free movement and competition law. European Law Review, 42 (2). pp. 190-209.
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Abstract
A number of EU Member States have chosen to use price control as a regulatory tool to alter the incentives for consumer or producer behaviour. This paper analyses the mechanisms through which EU law restricts a Member State’s ability to directly regulate prices through the antitrust prohibitions, market organisation Regulations, and the free movement prohibitions. It shows that the protection of price competition is central to all form of regulation and sets out that that the protection of price competition has become influential as a policy goal across EU law and is given special status within the internal market.