TR IV - Anticompetitive object vs. anticompetitive effect: Does it really matter? (New Frontiers of Antitrust Conference - Paris, 10 February 2012)

The fourth roundtable of the conference “New frontiers of Antitrust”, Paris, 10 February 2012, was dedicated to the distinction between anticompetitive object and anticompetitive effect. In the first contribution, Richard Whish, Professor at the King’s College of London, provides some introductory comments. Nicholas Forwood, Judge at the General Court of the European Union and author of the second contribution, addresses the issue of what distinction judges and enforcers made between “object” and “effect” in their application of the competition rules. Andreas Mundt, Chairman of the German Competition Authority, author of the third contribution, provides the point of view of the Bundeskartellamt in this matter. In the last contribution, Christophe Lemaire, partner at Ashurst review what has (or should have) changed in the distinction.

ANTICOMPETITIVE OBJECT VS. ANTICOMPETITIVE EFFECT: DOES IT REALLY MATTER? Object Restrictions Richard WHISH Professor, King’s College London 1. Good afternoon everyone. I am Richard Whish, Professor at King’s College London. I will chair this session on “Anti-competitive object v. anti-competitive effect: Do judges and enforcers really make a difference”. 2. We have three very distinguished figures here on the panel to discuss this very important, and highly topical, issue. 3. I will make some introductory comments in order to provide some context within which to understand the discussion that will follow. Subsequent speakers will develop thoughts in my presentation in greater detail, but I wish to provide a framework within which to consider them. 4. Let us begin by reminding

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