Tuesday, October 13, 2020
Under EU competition law it is prohibited to conclude anti-competitive agreements. If found, such conduct warrants fines in the millions. How-ever, little guidance on what to consider restrictive practices are available from the relevant statute, referring the matter to case law. Here a pattern is emerging, holding some practices anti-competitive by object while others must be assessed whether they are anti-competitive or not against their effect, without offering workable definitions on the lines between these. Moreover, other issues remains equally open-ended e.g. when the anti-competitive effect is appreciable. In this paper a framework, including four analytical steps, will be provided as road-map for the appraising of restrictive agreements and practices under EU competition law.