Abstract

http://ssrn.com/abstract=2247294
 


 



EU Competition Law and Contract


Okeoghene Odudu


University of Cambridge - Faculty of Law

April 2013

In D Leczykiewicz and S Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Studies of the Oxford Institute of European and Comparative Law, Hart Publishing, Oxford 2013)
Oxford Legal Studies Research Paper No. 31/2013

Abstract:     
This chapter explores the courts reaction to a co-contractor who fails to comply with the terms of that contract, but seeks to resist an action for breach of contract by claiming that to enforce the contract would be contrary to EU competition law - the Euro-defence. Reliance on Euro-defences has acquired and retains a distinct pejorative sense amongst judges in the English court. Using Shavell’s basic theory of litigation it is argued that the Euro-defence dilutes the incentive to comply with contracts and also creates a strong incentive for a party with valid contractual rights to settle unmeritorious claims. Using Calkins theory of courts react to litigation strategies it is argued that the judicial reaction has been first to increase the burdens faced by a party wishing to raise the Euro-defence and secondly to reduce the benefit to be had by successfully raising the Euro-defence. The chapter concludes by considering whether the defensive invocation of EU competition law remains as a mechanism for ensuring compliance with competition law.

Accepted Paper Series


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Date posted: April 9, 2013  

Suggested Citation

Odudu, Okeoghene, EU Competition Law and Contract (April 2013). In D Leczykiewicz and S Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Studies of the Oxford Institute of European and Comparative Law, Hart Publishing, Oxford 2013); Oxford Legal Studies Research Paper No. 31/2013. Available at SSRN: http://ssrn.com/abstract=2247294

Contact Information

Okeoghene Odudu (Contact Author)
University of Cambridge - Faculty of Law ( email )
10 West Road
Cambridge, CB3 9DZ
United Kingdom
HOME PAGE: http://www.law.cam.ac.uk/staff/view_staff.php?profile=oo201
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