The EU Court of Justice reaffirms the distinction between the anticompetitive effect-object of an agreement caught under the prohibition in Article 101(1) TFEU without setting out clearer terms of demarcation between the two disjunctive conditions (Allianz)

Flatline* I recently had the opportunity to sift through the recent case-law of the Court. The CJEU ruling in Allianz Hungary, C-32/11 stands out. Our Lords again blurred the object/effect distinction. The Court held that “object” restrictions can be established by proof of anticompetitive effects: “§34. Accordingly, where the anti-competitive object of the agreement is established it is not necessary to examine its effects on competition. Where, however, the analysis of the content of the agreement does

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  • Liège University - IEJE

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Nicolas Petit, The EU Court of Justice reaffirms the distinction between the anticompetitive effect-object of an agreement caught under the prohibition in Article 101(1) TFEU without setting out clearer terms of demarcation between the two disjunctive conditions (Allianz), 14 March 2013, e-Competitions Bulletin Automobile, Art. N° 58712

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