Thursday, September 26, 2019

Legal Tests in EU Competition Law: Taxonomy and Operation

Pablo Ibanez-Colomo, LSE offers Legal Tests in EU Competition Law: Taxonomy and Operation.

ABSTRACT: The Court of Justice (hereinafter, the ‘Court’, or the ‘ECJ’) defines the conditions under which practices are in principle prohibited or allowed. These conditions form the legal test to establish liability under Articles 101 and/or 102 TFEU. There is not a unique legal test in EU competition law. Some practices are deemed unlawful without it being necessary to establish their effects. This is the case, just to mention the most obvious example, of cartel arrangements. Other practices are deemed prima facie lawful. For instance, quantity rebates fall in principle outside the scope of Article 102 TFEU.

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