Left Behind by Modernisation? Restrictions by Object under Article 101(1)

TY - JOUR

T1 - Left Behind by Modernisation? Restrictions by Object under Article 101(1)

AU - Jones, A

PY - 2010/9/22

Y1 - 2010/9/22

N2 - This article charts the journey that the European Commission has taken to "modernize" the interpretation and application of Article 101. It commences by analyzing the Commission's initial formalistic approach to Article 101 and examining why change was necessary. It then considers how, and the extent to which, reform has occurred, focusing on the treatment of "object" or "hardcore" restraints, which are still treated on a strict and inflexible basis. Indeed, it concludes that the process of modernization may have made it less likely that firms will be willing to incorporate such hardcore restraints in their agreements, even when they consider them to be indispensable to the working of a pro-competitive arrangement.

AB - This article charts the journey that the European Commission has taken to "modernize" the interpretation and application of Article 101. It commences by analyzing the Commission's initial formalistic approach to Article 101 and examining why change was necessary. It then considers how, and the extent to which, reform has occurred, focusing on the treatment of "object" or "hardcore" restraints, which are still treated on a strict and inflexible basis. Indeed, it concludes that the process of modernization may have made it less likely that firms will be willing to incorporate such hardcore restraints in their agreements, even when they consider them to be indispensable to the working of a pro-competitive arrangement.

U2 - 10.5235/174410510794499834

DO - 10.5235/174410510794499834

M3 - Article

VL - 6

SP - 649

EP - 676

JO - European Competition Journal

JF - European Competition Journal

IS - 3

ER -