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Nullity/Voidness : An overview of EU and national case law

1. Introduction The only sanction for infringement of the EU competition rules that is mentioned explicitly in the TFEU is the automatic nullity or voidness [1] of agreements or decisions that infringe Article 101(1) TFEU and do not satisfy the requirements of Article 101(3). [2] Nevertheless, there is still quite some uncertainty about the characteristics of this nullity and the impact of the nullity of a cartel agreement on contracts concluded between one of the cartelists and a downstream contracting partner. Also, the absence of concerted actions in the list of infringements sanctioned with nullity gave rise to speculation. Although the CJEU’s decision in Courage v Crehan is mainly known for its recognition of the right to claim damages for infringements of the EU competition

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Caroline Cauffman, Nullity/Voidness : An overview of EU and national case law, 7 November 2019, e-Competitions Bulletin Nullity/Voidness, Art. N° 91987

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