The Impact of Voidness for Infringement of Article 101 TFEU on Linked Contracts

25 Pages Posted: 23 Jan 2013 Last revised: 12 Jan 2014

Caroline Cauffman

Maastricht University

Date Written: January 22, 2013

Abstract

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.

Keywords: Competition law, contract law, cartel agreements, linked contracts, validity of contracts

JEL Classification: K21

Suggested Citation

Cauffman, Caroline, 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 . Available at SSRN: https://ssrn.com/abstract=2204954 or http://dx.doi.org/10.2139/ssrn.2204954

Caroline Cauffman (Contact Author)

Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

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