Hub-and-spoke arrangements: future challenges within Article 101 TFEU assessment

Patrick Actis Perinetto

European Competition Journal, 2019, vol. 15, issue 2-3, 281-317

Abstract: Notwithstanding the lack of a theoretical elaboration at the EU level, hub-and-spoke arrangements are increasingly surfacing at national level as useful smokescreen to hide anticompetitive conduct. Due to their features favourable to collusion, hub-and-spoke arrangements may represent the future of Article 101 TFEU. This paper aims at providing an analysis of the characteristics of hub-and-spoke arrangements and their interpretative challenges to allow interpreters and courts to correctly deal with them in real-life. The morphology of these arrangements and the indications provided by the available case-law will be first addressed. Then, following a description of the limited EU relevant case-law, the black areas of the EU hub-and-spoke elaboration will be singled out and its relationship with the case-law on information exchange will be investigated. Finally, a proposal of a EU legal assessment of hub-and-spoke will be made and tested with respect to the hub-and-spoke based on information gathered from the market.

Date: 2019
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DOI: 10.1080/17441056.2019.1662209

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