The Court of justice’s judgment in Generics (UK) v Competition and Markets Authority and the object/effect dichotomy

TY - JOUR

T1 - The Court of justice’s judgment in Generics (UK) v Competition and Markets Authority and the object/effect dichotomy

AU - Jones, Alison

PY - 2021/10/25

Y1 - 2021/10/25

N2 - This paper, published in the Contemporary Critique section of the Journal of Antitrust Enforcement, discusses the ruling of the European Court of Justice in Generics (UK) v Competition and Markets Authority. It focuses on the extent to which Generics (UK) (read together with other recent judgments of the Court) clarifies the ‘object/effect’ dichotomy and the question of how substantive analysis of agreements under Article 101(1) is to be conducted in the future. It concluded that although the Court does provide some useful guidance on how to carry out the ‘by object’ analysis, several key questions remain on the precise scope of the category.

AB - This paper, published in the Contemporary Critique section of the Journal of Antitrust Enforcement, discusses the ruling of the European Court of Justice in Generics (UK) v Competition and Markets Authority. It focuses on the extent to which Generics (UK) (read together with other recent judgments of the Court) clarifies the ‘object/effect’ dichotomy and the question of how substantive analysis of agreements under Article 101(1) is to be conducted in the future. It concluded that although the Court does provide some useful guidance on how to carry out the ‘by object’ analysis, several key questions remain on the precise scope of the category.

KW - Article 101(1) TFEU

KW - Object/Effect

KW - Restriction of competition

KW - Patent settlement

UR - https://academic.oup.com/antitrust/advance-article/doi/10.1093/jaenfo/jnab017/6409904?guestAccessKey=52153200-63d3-4752-9f41-111b7e3c05b7

M3 - Article

SN - 2050-0688

VL - 9

SP - 604

JO - Journal of Antitrust Enforcement

JF - Journal of Antitrust Enforcement

IS - 3

ER -