ARTICLE: CARTELS - EUROPEAN UNION - RESTRAINT BY OBJECT - RESTRAINT BY EFFECT

The distinction between restriction of competition by object / restriction of competition by effect and Article 101 TFEU: A subject of disputatio

Article published in Liber amicorum in honor of Claude Lucas de Leyssac, LexisNexis, 2018. The author is speaking in a purely personal capacity.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Political law, competition law lends itself to controversy. While, in the context of the substantial modernisation of European antitrust law launched by the reform of vertical restraints, a debate on the need to generalise an effects-based approach had marked the beginning of the 2000s, it is fifteen years later that the relevance of the distinction between restriction of competition by subject/restriction of competition by effect is being questioned. Claude, who was so fond of disputatio, would not have failed to intervene in these exchanges and would certainly have fuelled the discussion by putting forward arguments drawn from his long experience, in

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  • University Paris II Panthéon‑Assas

Quotation

Laurence Idot, The distinction between restriction of competition by object / restriction of competition by effect and Article 101 TFEU: A subject of disputatio, September 2017, Concurrences N° 3-2017, Art. N° 93471, www.concurrences.com

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