ARTICLES: CARTEL - ANTICOMPETITIVE OBJECT - DE MINIMIS NOTICE - EXEMPTION REGULATION

Anticompetitive object regarding Article 101 (1) TFEU : A difficult ’object’ to identify

Article 101 TFEU prohibits all agreements between undertakings which have as their object or effect the prevention, restriction, or distorsion of competition within the internal market. If the distinction between restrictions of competition by object or by effect deals with the proof and anticompetitive-practices, the jurisprudence of the Court of justice contributes to the construction of a particular concept of restriction by object. Furthermore, restrictions by object are subjected to a worse legal regime than restrictions by effect.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Article 101(1) of the Treaty on the Functioning of the European Union prohibits all forms of collusion between undertakings 'which have as their object or effect the prevention, restriction or distortion of competition within the internal market'. 2. The brevity of this text, almost trivialised by usage, should not obscure its complexity, which continues to challenge the Commission, the Court of Justice and doctrine. Without being the only ones to have intervened in recent years, two judgments handed down in 2014, in the Bank Cards and MasterCard [1] cases, justify, in particular, a renewed interest in its meaning. More specifically, it is the concept

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Authors

  • Strasbourg Institute of Political Sciences
  • University of Strasbourg

Quotation

Jean-Philippe Kovar, Robert Kovar, Anticompetitive object regarding Article 101 (1) TFEU : A difficult ’object’ to identify, February 2016, Concurrences N° 1-2016, Art. N° 77277, pp. 48-60

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