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How Important is the Distinction in Article 101 TFEU between Agreements that Restrict Competition by Object and Those that Restrict by Effect? - Should the Distinction be Abolished, with the Result that the European Commission (or a National Competition Authority) Should Have to Prove Appreciable Anti-Competitive Effects in All Cases in Which a Violation of Article 101 is Alleged?

3 Pages Posted: 30 Sep 2012 Last revised: 5 Oct 2012

Beata Kozubovska

Motieka & Audzevicius PLP; McGill University

Date Written: September 30, 2012

Abstract

The paper discusses how important is the distinction in Article 101 TFEU between agreements that restrict competition by object and those that restrict by effect. Along the same line of thought it argues whether the distinction should be abolished, with the result that the European Commission (or a national competition authority) should have to prove appreciable anti-competitive effects in all cases in which a violation of Article 101 is alleged.

Keywords: EU competition law

Suggested Citation

Kozubovska, Beata, How Important is the Distinction in Article 101 TFEU between Agreements that Restrict Competition by Object and Those that Restrict by Effect? - Should the Distinction be Abolished, with the Result that the European Commission (or a National Competition Authority) Should Have to Prove Appreciable Anti-Competitive Effects in All Cases in Which a Violation of Article 101 is Alleged? (September 30, 2012). Available at SSRN: https://ssrn.com/abstract=2154431 or http://dx.doi.org/10.2139/ssrn.2154431

Beata Kozubovska (Contact Author)

Motieka & Audzevicius PLP ( email )

Gyneju str. 4
Vilnius
Lithuania

McGill University ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

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