The «automatic’’ anticompetitive agreement is the counterpart of the notion of automatic abuse brought out by the Court of Justice and EC Commission. This notion deals with the control of the normative activity of the State with regard to competition law based on the useful effect of Community law.
The recognition of this notion will enable to apprehend situations in which the observance of the legal or regulatory texts would lead to situations of illegal agreements or concerted practices.
The purpose of this paper is to determine the extent to which the recent developments of EC and domestic case law provide elements of qualification and of sanction of situations in which legal or regulatory texts would lead to situations of anticompetitive agreements or concerted practices.
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