”Jag trivs bäst i öppna landskap” - En analys av undantaget för primära jordbruksföreningar och dess konkurrenseffekter

Sammanfattning: This essay explains and discusses the agricultural position in competition law as a legal exception. Under chapter 2, paragraph 4 of the competition act, cooperation between primary agricultural organizations is allowed as an exception to the anti-competitive regulation. The definition of what constitutes a primary agricultural association is defined in chapter 1, paragraph 7 of the competition act. The exception is aimed at cooperation between the members of the association and the activities directly linked to them, such as facilities, storage and/or distribution. However, it is clear that the exception does not cover federal cooperation. Article 3 (1) (b) TFEU states that the European Union (EU) shall have exclusive competence in determining the competition rules necessary for the functioning of the domestic market. Articles 101 to 109 of the TFEU are the main areas of competition law and, for this essay in particular, Article 101 on the prohibition of anti-competitive cooperation. This is the regulation that the primary agricultural organisations' derogation clause refers to. Article 42 TFEU prevails over the general competition rules and states that the competition law is not fully applicable in agricultural aspects. However, derogations of this nature must always be seen in the light of the common agricultural policy in Article 39 TFEU. The common agricultural policy aims to ensure stability to the agricultural sector. Consequently 37,8 percentage of the EU budget for 2014-2020 is dedicated to ensure such stability. The agricultural regulation is intended to harmonize, streamline and simplify provisions in the agricultural market as far as possible. The analytic section consists of a discussion of the possible advantages and disadvantages this exception provides, primarily to consumers. Some of the aspects addressed are the economics of scale in agriculture, the disadvantages of a higher concentration on the market, the impact of agriculture on the countryside landscape. It also discusses the impact of minor market players and farmers as well as the value of maintaining healthy competition and diversity.