When Does Agreements Restrict Competition in EU Competition Law?

30 Pages Posted: 13 Aug 2020 Last revised: 15 Jun 2022

See all articles by Christian Bergqvist

Christian Bergqvist

University of Copenhagen - Faculty of Law

Date Written: July 14, 2020


Under EU competition law it is prohibited to conclude anti-competitive agreements. If found, such conduct warrants fines in the millions. How-ever, little guidance on what to consider restrictive practices are available from the relevant statute, referring the matter to case law. Here a pattern is emerging, holding some practices anti-competitive by object while others must be assessed whether they are anti-competitive or not against their effect, without offering workable definitions on the lines between these. Moreover, other issues remains equally open-ended e.g. when the anti-competitive effect is appreciable. In this paper a framework, including four analytical steps, will be provided as road-map for the appraising of restrictive agreements and practices under EU competition law.

Keywords: Anti-Trust; Article 101, Anti-Competitive; EU Competition Law

JEL Classification: K21, L12, L13, L22, L40, L41

Suggested Citation

Bergqvist, Christian, When Does Agreements Restrict Competition in EU Competition Law? (July 14, 2020). Available at SSRN: https://ssrn.com/abstract=3650755 or http://dx.doi.org/10.2139/ssrn.3650755

Christian Bergqvist (Contact Author)

University of Copenhagen - Faculty of Law ( email )

Karen Blixens Plads 16

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