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Time to Tidy Up EU Competition Law on Information Exchange Object Restriction Concerted Practices?

  • Mark Clough QCEmail author
Chapter

Abstract

This article attempts to unravel the cryptic words “object and effect” in Article 101 TFEU as they have been given life by Commission Guidelines and the decisions of the EU Courts. The discussion has to be seen against the background of the philosophical debate that still divides competition policy makers, if not competition lawyers and economists: the debate between the formalistic ordo-liberal interventionist approach and that of the effects-based economics approach developed over the last twenty years. It concludes that new guidelines should be adopted by the Commission to restore legal certainty regarding the conditions to be met for an object infringement in the context of information exchange concerted practices, and to reconcile the apparent conflict between recent case law and past guidelines.

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Copyright information

© The Author(s) 2019

Authors and Affiliations

  1. 1.Dentons EuropeBrusselsBelgium

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