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5 - Article 101(1) TFEU

Published online by Cambridge University Press:  06 June 2022

Or Brook
Affiliation:
University of Leeds
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Summary

This chapter is dedicated to Article 101(1) TFEU balancing tools. It examines tools aimed at balancing competition with state or public interests, such as the state action defence, notion of undertakings, Article 106(2) TFEU exception for services of general economic interests, the exception for collective bargaining agreements between employers and employees, and the inherent restriction doctrine. The chapter also studies tools for balancing competition and commercial interests, such as the rule of reason, objectively necessary agreements, ancillary restraints, and the de minimis doctrine. The chapter shows that unlike most of the explicit-substantive balancing tools that are based on EU primary or secondary law and which were largely developed by the Commission, the wording of Article 101(1) TFEU does not explicitly refer to a balancing function. Rather, the balancing tools of Article 101(1) TFEU are predominantly derived from the CJEU’s case law. It reveals that the CJEU introduced those tools to counterbalance the Commission’s broad interpretation of what constitutes a restriction of competition falling within the ambit of Article 101(1) TFEU. The Court has held that agreements restricting the commercial freedom of parties might escape the prohibition of Article 101(1) TFEU if they are necessary for attaining social or efficiency-related goals.

Type
Chapter
Information
Non-Competition Interests in EU Antitrust Law
An Empirical Study of Article 101 TFEU
, pp. 220 - 292
Publisher: Cambridge University Press
Print publication year: 2022

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  • Article 101(1) TFEU
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.005
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  • Article 101(1) TFEU
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Article 101(1) TFEU
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.005
Available formats
×