Left Behind by Modernisation? Restrictions by Object Under Article 101(1)
Year: 2010
Type: article
Abstract: 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.
Source: European Competition Journal
Author: Alison Jones
Institution: King's College London
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2026780243