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Antitrust and Trade Regulation

SelectedWorks

2012

Article 102 TFEU; cross-border service payments; fair competition; SEPA

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Full-Text Articles in Law

Cross-Border Service Payments Under Eu Fair Competition And Sepa Rules, Anca Daniela Chirita Aug 2012

Cross-Border Service Payments Under Eu Fair Competition And Sepa Rules, Anca Daniela Chirita

Anca Daniela Chirita

EU rules on the functioning of a Single European Payment Area (SEPA) Union-wide with free movement of cross-border services have an impact upon fair competition in the internal market for both consumers and smaller businesses. Under Article 102 (a) TFEU, the cost analysis of pricing must be supplemented by translating unfair trading terms and conditions from the field of legal analysis of contracts into that of economics. Terms and conditions which create a more onerous obligation form an integral part of an economic contract concluded by undertakings, irrespective of their market shares, based on a cogent interpretation of their significant …