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Dominance in the IT sector: An overview of EU and national case law

The significance of the ECJ’s Intel judgment When I arrived in Brussels in 1980, the practice of competition law bore greater resemblance to literary criticism than to economic analysis. Burdened with a mandatory notification system that presumed the illegality of restrictions of competition (and, as a procedural matter ensured that outcome if the agreement had not been notified to the Commission), the Commission relied on block exemptions for vertical agreements to reduce its workload. Attempts to secure the benefits of conforming to a block exemption reduced the practice of competition law, at least insofar as many vertical agreements were concerned, to a literary exercise that involved comparing the text of an agreement with the text of a block exemption to (hopefully) reach the

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James S. Venit, Dominance in the IT sector: An overview of EU and national case law, 1 March 2018, e-Competitions IT & Dominance, Art. N° 86230

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