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Remedies for unilateral conducts: An overview of recent national case law

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1. Introduction Regulation 1/2003 [1] obliges member states to apply Articles 101 and 102 to commercial practices which have an effect on interstate trade in order to foster convergence between national and EU competition law. With regard to Article 101(1) of the Treaty, the Regulation also provides that, in order to create a level playing field for agreements within the internal market, the application of national competition laws may not lead to the prohibition of agreements not also prohibited under EU competition law. The Regulation foresees an explicit exception to this basic rule of convergence in allowing member states to adopt and apply stricter national laws which sanction unilateral conduct (Article 3.2). Recital 8 specifically refers to national laws which prohibit

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)

Quotation

Frederic Depoortere, Ingrid Vandenborre, Remedies for unilateral conducts: An overview of recent national case law, 30 January 2012, e-Competitions Remedies for unilateral conduct, Art. N° 42182

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