Exempting anticompetitive agreements

This chapter explores and analyses the role and interpretation of Article 101(3). Section 6.1 distinguishes the focuses of Article 101(1) and 101(3) and proposes a theory for Article 101(3). Section 6.2 provides a conceptual analysis of the BERs and demonstrates that they do not create a safe harbour for restrictions exemptible under Article 101(3) but for restrictions that are not anticompetitive by effect under Article 101(1). Section 6.3 inquires whether and how realistically object agreements may benefit from an exemption under Article 101(3). Section 6.4 addresses the issue whether Article 101(3) is susceptible to accommodating non-competition goals to serve the general good. Section 6.5 sets out the chapter’s final conclusions.