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Agreements anticompetitive by object

In: The Conceptual Structure of EU Competition Law

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Abstract

This chapter explores the theory and practice of anticompetitive object. Section 4.1 examines its definition and function. Section 4.2 presents the types of analysis envisaged by Article 101 and coins the concept of ‘contextual analysis’ to identify the substantive examination that, contrary to effects-analysis, is a legitimate part of the object-inquiry. Section 4.3 offers a conceptualization of the post-Allianz case law. It demonstrates that anticompetitive object operates through specified and unspecified categories and presents the judicial practice on the unspecified category. It shows the inconsistency of the notion that anticompetitive object can be ascertained by means of a comprehensive case-by-case analysis and demonstrates that the object-inquiry should consist solely of specified categories. Section 4.4 analyses the specified categories of anticompetitive object and presents their unjustified proliferation in the last two decades.

Suggested Citation

  • ., 2024. "Agreements anticompetitive by object," Chapters, in: The Conceptual Structure of EU Competition Law, chapter 4, pages 61-181, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22312_4
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035311842.00009
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    Law - Academic; Law - Professional;

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