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Title: The enforcement of Article 101 TFEU – what has happened to the effects analysis?
Authors: Witt, Anne C.
First Published: 2018
Publisher: Kluwer Law International
Citation: Common Market Law Review, 2018, 55(2), pp. 417–448
Abstract: 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.
ISSN: 0165-0750
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2018 , Kluwer Law International. Deposited with reference to the publisher’s open access archiving policy.
Description: 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.
Appears in Collections:Published Articles, School of Law

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