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Closing thoughts

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Chapter 7 in The Conceptual Structure of EU Competition Law, 2024, pp 243-246 from Edward Elgar Publishing

Abstract: In the last three decades, EU competition law has seen the emergence and exacerbation of several structural inconsistencies and contradictions, which symptomatize the loss of a doctrinal compass. First, discarding the notion that anticompetitive object is a category-building principle applied through specified object categories, the CJEU embraced the notion that anticompetitive object can be established by means of the comprehensive case-by-case analysis. Second, the case law confuses the object-inquiry’s contextual analysis with effects-analysis. Third, Article 101 has seen a remarkable proliferation of specified object categories. Fourth, EU competition law has developed no abbreviated effects-analysis and employs no sliding scale. Fifth, Article 101(3) has not found its place in competition analysis.

Keywords: Law - Academic; Law - Professional (search for similar items in EconPapers)
Date: 2024
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