CASE COMMENT : ANTICOMPETITIVE AGREEMENT - ARTICLE 81 EC - BEEF PROCESSING INDUSTRY - AGREEMENTS FACILITATING MARKET EXITS - RESTRICTION OF COMPETITION BY OBJECT

Reduction of capacities: The Advocate General Trstenjak holds that agreements between a processors organisation and its members which provide for the exit of some of them in order to reduce the production capacity are not a restriction of competition by object and recommends to the Irish Supreme Court to declare them compatible with Art. 81.1 EC (Beef Industry Development and Barry Brothers)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, Opinion AG Trstenjak, 4 September 2008, Beef Industry Development Society and Barry Brothers, Case C-209/07 Must the concept of the anti-competitive object of an agreement be assessed restrictively and apply only to hardcore infringements or, on the contrary, must it be analysed in the light of the legal and economic context of the agreement? These are the

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  • Rizom Legal (Paris)

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Michel Debroux, Reduction of capacities: The Advocate General Trstenjak holds that agreements between a processors organisation and its members which provide for the exit of some of them in order to reduce the production capacity are not a restriction of competition by object and recommends to the Irish Supreme Court to declare them compatible with Art. 81.1 EC (Beef Industry Development and Barry Brothers), 4 September 2008, Concurrences N° 4-2008, Art. N° 22265, p. 75

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