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Lucas Peeperkorn

Brussels School of Competition (Brussels), College of Europe (Natolin)

Academic (Professor)

Professor at the Brussels School of Competition and College of Europe. Previously Principal Advisor Antitrust Policy at DG COMP (European Commission). Studied economics and political science at the University of Amsterdam and worked as an assistant professor at the Erasmus University Rotterdam. Joined in 1991 the European Commission, DG Competition. Was a central figure in various teams which created what is now called the effects-based approach in EU competition policy, in particular by making new rules for supply and distribution agreements (2000 and 2010), for de minimis agreements (2001 and 2014) and for technology transfer agreements (2004 and 2014). Also co-authored the Discussion Paper on the Application of Article 82 (2005) and the Guidance on the Commission’s enforcement priorities in applying Article 82 (2009). Speaks regularlyat conferences and has published on topics such as EU competition policy towards vertical agreements, resale price maintenance, abuse of dominance and competition and innovation. Teaches at the Brussels School of Competition and was a Senior Emile Noël Fellow at the Jean Monnet Center at NYU.

Distinctions

Nominee, 2020 Antitrust Writing Awards: Business, Unilateral Conduct

Nominee, 2016 Antitrust Writing Awards: Academic, Unilateral Conduct.

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Linked authors

Sami Andoura

European Commission

Belgium 2 contributions 16560 visits

Paul Belleflamme

Catholic University of Louvain (UCLouvain)

Belgium 2 contributions 6239 visits

Simon Bohbot

University Paris-Panthéon-Assas

France 2 contributions 790 visits

Dirk Buschle

Energy Community (Vienna)

Austria 3 contributions 2938 visits

Charles Gheur

Brussels School of Competition (Brussels)

Belgium 2 contributions 393 visits

1597 | Events

9 Jun 2021 Webinar 12th New Frontiers of Antitrust #2 Vertical restrictions: VBER, everything changed? See documents

1 Jul 2014 Bruxelles The new EU Technology Transfer Regulation and Guidelines See documents

Articles

6535 Bulletin

Lucas Peeperkorn The EU Court of Justice affirms the application of a consumer-oriented effects-based approach to exclusionary pricing practices of dominant undertakings and the "as efficient competitor test" (Post Danmark)

27 March 2012 1327

The author is Principal Expert in Antitrust Policy at DG Competition, European Commission. The views expressed in this article are his own and do not necessarily reflect those of DG Competition or the European Commission. The author expresses its thanks Ekaterina Rousseva and Carles Esteva (...)

Andrei Gurin, Katja Viertiö, Lucas Peeperkorn, Magdalena Brenning-Louko The EU Commission adopts block exemption regulation and guidelines on vertical agreements

20 April 2010 1586

"Vertical Agreements: New Competition Rules for the Next Decade"* I. Introduction On 20 April 2010 the Commission adopted a new Block Exemption Regulation applicable to vertical agreements (hereinafter ‘the Regulation’). At the same time it adopted the contents of accompanying Guidelines (...)

Katja Viertiö, Lucas Peeperkorn The EU Commission issues guidance on its enforcement priorities in applying EU rules on abuse of a dominant position to abusive exclusionary conduct by dominant undertakings

24 February 2009 853

"Implementing an effects-based approach to Article 82"* I. Introduction On 3 December 2008, the Commission issued Guidance on its enforcement priorities in applying Article 82 to abusive exclusionary conduct by dominant undertakings. In so doing, the Commission formally endorsed an (...)

Lucas Peeperkorn The EU Commission publishes a discussion paper on abuse of dominance

19 December 2005 459

"Commission publishes discussion paper on abuse of dominance"* On 19 December 2005 the European Commission published a discussion paper on the application of the EC Treaty competition rules on the abuse of a dominant market position (Article 82). The discussion paper is designed to promote a (...)

Donncadh Woods, Lars Kjølbye, Lucas Peeperkorn The EU Commission adopts new safe harbor for licensing of patents, know-how, and software copyright

27 April 2004 634

"Commission adopts new safe harbour for licensing of patents, know-how and software copyright"* The European Commission has adopted on the 7th of April new rules for applying competition policy to the licensing of patents, know-how and software copyright. The new block exemption regulation, (...)

Lucas Peeperkorn, Paolo Cesarini The EU Commission issues an evaluation report on the transfer of technology block exemption regulation

21 December 2001 454

"Review of the block exemption Regulation on technology transfer agreements"* While the Block Exemption Regulation n° 240 on transfer of technology (hereafter ‘TTBE’) is expected to apply until 31 March 2006, Article 12 requires the Commission to carry out regular assessments of the (...)

Lucas Peeperkorn The European Commission adopts a new notice on agreements of minor importance (de minimis Notice)

20 December 2001 421

"New Notice on agreements of minor importance (de minimis Notice)"* The Commission adopted on 20 December 2001 a new Notice on agreements of minor importance which do not appreciably restrict competition under Article 81 (1) of the EC Treaty (‘de minimis Notice’). The new Notice replaces the (...)

Lucas Peeperkorn The EU Commission adopts a draft concerning the revision of the notice on agreements of minor importance

16 May 2001 339

"Revision of the 1997 Notice on agreements of minor importance (de minimis Notice)"* The Commission adopted on the 16th of May a draft de minimis Notice and invites comments from industry, consumer organisations and other interested third parties. The revision is part of the Commission’s (...)

Donncadh Woods, Lucas Peeperkorn The EU Commission adopts Communication on the application of the EC competition rules to vertical restraints

30 September 1998 222

"Communication of the Commission on the application of the EC competition rules to vertical restraints - follow up to the green paper on vertical restraints"* On the 30th of September last the European Commission adopted a Communication on the application of the EC competition rules to (...)

Lucas Peeperkorn The EU Commission adopts a green paper on vertical restraints in EU competition policy

22 January 1996 240

"Commission adopts Green Paper on vertical restraints in EU competition policy"* The Commission adopted on 22 January the Green Paper on Vertical Restraints in EU Competition Policy. With this paper Commissioner Van Miert invites all interested parties to participate in the discussion on (...)

28161 Review

Guy Canivet, Julian Nowag, Lucas Peeperkorn, Michael Ristaniemi, Ekaterina Rousseva, Alexandra Teorell, Maria Wasastjerna, Dirk Middelschulte Sustainability and competition law

November 2020 3920

This special On-topic explores the interactions and tensions between the implementation of the fundamental principles and objectives of the EU, including environmental protection and sustainable development, and European competition policy. This set of articles brings together contributions (...)

Lucas Peeperkorn Conditional pricing and the AEC test: A happy marriage or an awkward couple?

May 2019 1576

In this article the question is investigated whether and when conditional pricing and the AEC test form a happy couple. In situations where rebates are used to dampen competition between incumbents or as an exploitative device, applying the AEC test does not make sense. However, in cases where (...)

Lucas Peeperkorn Defining restrictions “by object”

September 2015 2418

This article develops a definition of restrictions by object which fits well in an overall effect-based approach under Article 101. Classification as restriction by object is justified if and how a particular type of restriction generally results in net negative effects, which can be expected (...)

Lucas Peeperkorn Conditional pricing: Why the General Court is wrong in Intel and what the Court of Justice can do to rebalance the assessment of rebates

January 2015 4594

This article provides arguments why in Intel the General Court is wrong in denying the relevance of the effects-based approach for the assessment of exclusivity rebates. Conditional rebates, including exclusivity rebates, and single branding/exclusive purchasing and tying obligations, should (...)

Anne Perrot, Eleanor M. Fox, Jérôme Philippe, Lucas Peeperkorn, Philippe Nasse The law and economics of resale price maintenance: A comparative perspective

December 2008 5783

Since the 1911 Dr. Miles case of the Supreme Court resale price maintenance has been prohibited per se in US antitrust law. The Supreme Court has recently overruled this almost one hundred years old precedent in Leegin Creative Leather Products, Inc v. PSKS, Inc (2007) and has adopted a rule (...)

Claire Chambolle, Dominique de Gramont, Hervé Fargues, Jean-Paul Tran Thiet, Jérôme Dubruille, Juliette Goyer, Kristen J. McAhren, Lucas Peeperkorn, Marie-Laure Allain, Peter J. Carney Resale price regulation: Leegin and much more

September 2008 9870

This is a set of 5 articles on Resale Price Maintenance. This topic has recently been debated following the US Supreme Court Leegin ruling and the draft French reform of the antitrust act. The first article is written by 2 leading economists on the economic debate on the welfare effects of (...)