The EEA Agreement establishes a system that ensures equal conditions of competition for goods and services covered by the agreement throughout the European Economic Area (Article 1 EEA).
The Community competition rules applicable to undertakings are incorporated in their entirety into the EEA Agreement, subject to necessary EEA adaptations. The competition provisions apply to products and services covered by the Agreement (Article 8 (3) EEA).
The EEA competition rules applicable to undertakings are laid down in Articles 53-60 of the EEA Agreement (EEA), Protocols 21-25 EEA and Annex XIV EEA. Procedural rules for the EFTA Surveillance Authority, which mirror the enforcement competence of the Commission in this field, are laid down in Protocol 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (the Surveillance and Court Agreement).
The enforcement of the EEA competition provisions is subject to the two-pillar system. Article 56 and Article 57(2) EEA lay down the division of competence between the Commission and the EFTA Surveillance Authority in cases falling under Articles 53 and 54 EEA and the merger control provisions, respectively. The surveillance authorities co-operate in the enforcement of the EEA competition rules according to procedures laid down in Protocols 23 and 24 EEA. EEA EFTA States participate closely in the enforcement of the EEA competition rules as well as in the legislative process in the EU in this field. In this context, the EEA EFTA States participate among other things in the relevant Commission Advisory Committees and working groups.