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Anticompetitive object and effect in light of recent case-law of the Court of Justice of the EU

Publication at Faculty of Law |
2014

Abstract

The article deals with the notion of agreements restrictive by object and with the issue of where are the boundaries of that notion. The author, firstly, describes general principles that relate to the definition of restrictions by object in comparison with restrictions by effect.

Then, the author discusses several recent judgments by the Court of Justice which dealt with that issue, namely its recent judgment in Groupement des cartes bancaires, and summarizes what lessons can be drawn from those judgments as regards the method of finding that a certain agreement is restrictive by object.