The Guidelines on the Application of Article 81(3) EC - A Critical Review

IEJE Working Paper No. 4/2009

14 Pages Posted: 2 Jul 2009

See all articles by Nicolas Petit

Nicolas Petit

European University Institute - Department of Law (LAW)

Date Written: July 1, 2009

Abstract

To date, the European Commission has not yet made use of the novel guidance instruments established under Regulation 1/2003 (Article 10 inapplicability decisions, guidance letters, etc.), or taken any exemption decision pursuant to Article 81(3). The "brave new world" of Regulation 1/2003 is thus a competition enforcement system devoid of individual guidance and positive decisions. That is not to say, however, that firms have been left without formal guidance. In early 2004, the Commission issued Guidelines on Article 81(3), which set out the methodological and substantive framework for the self-assessment of agreements under Article 81(3). The present paper paper offers a critical review of those Guidelines and explains why, in practice, firms and their counsels have repeatedly argued that this text is unpractical and thus of little use.

Keywords: Competition law, Guidelines, Article 81, economics, guidance, agreements

Suggested Citation

Petit, Nicolas, The Guidelines on the Application of Article 81(3) EC - A Critical Review (July 1, 2009). IEJE Working Paper No. 4/2009, Available at SSRN: https://ssrn.com/abstract=1428558 or http://dx.doi.org/10.2139/ssrn.1428558

Nicolas Petit (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

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