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

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