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Closing thoughts

In: The Conceptual Structure of EU Competition Law

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In the last three decades, EU competition law has seen the emergence and exacerbation of several structural inconsistencies and contradictions, which symptomatize the loss of a doctrinal compass. First, discarding the notion that anticompetitive object is a category-building principle applied through specified object categories, the CJEU embraced the notion that anticompetitive object can be established by means of the comprehensive case-by-case analysis. Second, the case law confuses the object-inquiry’s contextual analysis with effects-analysis. Third, Article 101 has seen a remarkable proliferation of specified object categories. Fourth, EU competition law has developed no abbreviated effects-analysis and employs no sliding scale. Fifth, Article 101(3) has not found its place in competition analysis.

Suggested Citation

  • ., 2024. "Closing thoughts," Chapters, in: The Conceptual Structure of EU Competition Law, chapter 7, pages 243-246, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:22312_7
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035311842.00012
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    Law - Academic; Law - Professional;

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