On 1 May, 2004, companies with business activities in the European Union (EU) will face a new competition enforcement regime applicable to Articles 81 (prohibition of anti-competitive agreements) and 82 (abuse of dominant position) of the European Commission (EC) Treaty.

Principally, this new regime will reshape the way in which companies obtain legal certainty as to the permissibility of such commercial arrangements as exclusive distribution agreements, exclusive purchasing agreements, research and development agreements and other forms of co-operation among competitors – in short, all commercial dealings that may impact on competition, but which do not constitute mergers.