R v Competition Commission, Ex p Milk Marque Ltd (Dairy Industry Federation, Third Party)

Subject Matter

EUROPEAN COMMUNITY — Competition — Agriculture — National measures against dairy co-operative occupying powerful position on market — Whether jurisdiction to apply national competition law against body governed by common organisation of the market — Limitations on jurisdiction — Role of Community target price for milk — Whether prohibition of milk processing contracts contrary to Community freedoms — Whether measures rendered unlawfully discriminatory by existence of powerful co-operatives in other member states — EC Treaty, arts 12 EC, 28 EC, 29 EC, 32–38 EC, 49–50 EC — Council Regulation (EEC) No 26 of 4 April 1962 — Council Regulation (EEC) No 804/68 (as amended), art 3

(Case C-137/00); [2004] QB 442; [2004] 2 WLR 374