*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Even if they aspire to a certain legal certainty, economic operators and lawyers do not dispute the need to adapt competition law, which covers a subject which is by its very nature moving. More than the reforms that continue to follow one another, certain recent developments are nevertheless perplexing. This is the case of the distinction between the object and the anti-competitive effect. After the debates launched by the Discussion Paper of 2005 on the need to take into account the effects for the application of Article 82 EC, which came to an end (no doubt provisional) with the publication a year ago of the Commission's Guidelines on the priorities
FORWORD : NOTION OF ANTICOMPETITIVE OBJECT/EFFECT - ECONOMIC ANALYSIS - BARRIERS TO EXPORTS - IRISH BEEF CASE
The anticompetitive object is back...
Recent case law from the Court of justice of the European Communities has casted doubts on the interpretation of the notion of anticompetitive object, in stern contrast with economic analysis which lead to greater attention given to the effect of anticompetitive practices. It is understood that barriers to exports may well be qualified as having an anticompetitive object taking into consideration the specific integration aim of EU law, but the exact meaning of the “Irish beef” case (ECJ, aff. C-209/07, 20 11 2008) remains to be discussed.
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