The Distinction between Anti-Competitive Object and Effect after Allianz: The End of Coherence in Competition Analysis?

28 Pages Posted: 11 Jun 2014

Date Written: December 1, 2013

Abstract

The article analyses the distinction between object and effect in competition analysis in the context of the CJEU’s recent ruling in Allianz. First, it examines the rationale and traditional notion of anti-competitive object. Secondly, it provides an outlook to the structure of antitrust analysis in US law and compares it with EU competition law. Thirdly, it gives an overview and assessment on the Allianz ruling as to the grasp of ‘object type’ agreements. The article criticizes the CJEU’s ruling and submits proposals.

Keywords: Anti-competitive effect, Anti-competitive object, cartels, effects-analysis, per se illegality, rule of reason

JEL Classification: K21

Suggested Citation

Nagy, Csongor István, The Distinction between Anti-Competitive Object and Effect after Allianz: The End of Coherence in Competition Analysis? (December 1, 2013). World Competition: Law and Economics Review, Vol. 36, No. 4, 2013, Available at SSRN: https://ssrn.com/abstract=2447630

Csongor István Nagy (Contact Author)

University of Szeged - Faculty of Law ( email )

Hungary

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