When Do Agreements Restrict Competition in EU Competition Law?

Abstract

Under EU competition law, it is prohibited to conclude agreements distorting competition, but little guidance is available on what to consider anti-competitive. However, case law has given rise to patterns holding some practices anti-competitive by object while others must be assessed in detail and against their effect without providing a workable definition on the lines between these two approaches. Other issues remain equally open-ended, e.g., when the anti-competitive effect is appreciable. In this paper, a possible roadmap for the appraising of restrictive agreements in EU competition law will be provided.