Left Behind by Modernisation? Restrictions by Object Under Article 101(1)

European Competition Journal Vol. 649, 2010

European Competition Journal, volume 6, issue 3, 2015 [10.5235/174410510794499834]

27 Pages Posted: 5 Oct 2011

See all articles by Alison Jones

Alison Jones

King's College London – The Dickson Poon School of Law

Date Written: September 22, 2011

Abstract

This article charts the journey that the European Commission has taken to "modernize" the interpretation and application of Article 101. It commences by analyzing the Commission's initial formalistic approach to Article 101 and examining why change was necessary. It then considers how, and the extent to which, reform has occurred, focusing on the treatment of "object" or "hardcore" restraints, which are still treated on a strict and inflexible basis. Indeed, it concludes that the process of modernization may have made it less likely that firms will be willing to incorporate such hardcore restraints in their agreements, even when they consider them to be indispensable to the working of a pro-competitive arrangement.

Suggested Citation

Jones, Alison, Left Behind by Modernisation? Restrictions by Object Under Article 101(1) (September 22, 2011). European Competition Journal Vol. 649, 2010, European Competition Journal, volume 6, issue 3, 2015 [10.5235/174410510794499834], Available at SSRN: https://ssrn.com/abstract=1932309 or http://dx.doi.org/10.5235/174410510794499834

Alison Jones (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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