The Impact of Voidness for Infringement of Article 101 TFEU on Linked Contracts
January 22, 2013
Maastricht European Private Law Institute (M-EPLI) Working Paper No. 2013/03
Maastricht Faculty of Law Working Paper; Final version published as Cauffman, C. (2012). The impact of voidness for infringement of Article 101 TFEU on linked contracts. In I. Samoy & M.B.M. Loos (Eds.), Linked contracts (Ius Commune Europaeum) (pp. 29-54). Cambridge: Intersentia; Slightly modified
In Cement, the Court of Justice decided that the automatic voidness provided for by Article 101(2) TFEU applies only to those contractual provisions which are incompatible with Article 101(1) TFEU. The remainder of the agreement and as well as any orders and deliveries made on the basis of the agreement, and the resulting financial obligations are not affected by Article 101(2) TFEU. Their validity is to be determined by the applicable national law. The contribution analyses their validity under Belgian, French, German, Dutch and English law and questions whether the Court of Justice should not review its position on this matter.
Number of Pages in PDF File: 25
Keywords: Competition law, contract law, cartel agreements, linked contracts, validity of contracts
JEL Classification: K21
Date posted: January 23, 2013 ; Last revised: January 12, 2014
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