Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Tuesday, October 13, 2020

When Does Agreements Restrict Competition in EU Competition Law?

When Does Agreements Restrict Competition in EU Competition Law?

Christian Bergqvist

University of Copenhagen - Faculty of Law

Abstract

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.

https://lawprofessors.typepad.com/antitrustprof_blog/2020/10/when-does-agreements-restrict-competition-in-eu-competition-law.html

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