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The enforcement of Article 101 TFEU – what has happened to the effects analysis?

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journal contribution
posted on 2018-01-09, 14:36 authored by Anne C. Witt
This paper critically examines the European Commission’s commitment to employing a more ‘effects-based’ approach to enforcing Article 101 TFEU. It finds that, while the Commission has developed an impressive theoretical framework for assessing the effects of agreements on competition, there has in fact been very little effects analysis in its decisional practice since 2004. In the overwhelming majority of cases, the anticompetitive effects of prohibited agreements have instead been presumed on the basis of the ‘object rule’. This paper explores possible reasons for this development, and examines whether alternative forms of enforcement are addressing the void that the focus on object restrictions has left. It concludes that Article 101 TFEU is currently not being enforced effectively against restrictions of competition by effect.

History

Citation

Common Market Law Review, 2018, 55(2), pp. 417–448

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

  • AM (Accepted Manuscript)

Published in

Common Market Law Review

Publisher

Kluwer Law International

issn

0165-0750

Acceptance date

2017-12-05

Copyright date

2018

Available date

2018-07-05

Publisher version

https://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2018032

Notes

The file associated with this record is under embargo until 3 months after publication, in accordance with the publisher's self-archiving policy. The full text may be available through the publisher links provided above.

Language

en

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