The Challenge of European Competition Network Convergence in the Definition of Harm to Competition

Files in This Item:
File Description SizeFormat 
Brussels_GCLC_IM_final.docx71.72 kBMicrosoft WordDownload
Title: The Challenge of European Competition Network Convergence in the Definition of Harm to Competition
Authors: Maher, Imelda
Permanent link:
Date: Jan-2017
Online since: 2017-05-26T15:46:29Z
Abstract: The evolution of legal concepts central to the enforcement of competition law is a key focus of legal analysis by courts, academics and practitioners. What receives less attention, as it is still a relatively new phenomenon in the field, is how the operation of the European Competition Network (ECN) has affected the development of those concepts and specifically how convergence may occur in relation to them. This paper addresses how network enforcement on EU competition law has impacted on the notion of restriction of competition. It explores two themes, one substantive and one institutional by first, examining how restrictions of competition by object have been addressed by some National Competition Authorities (NCAs) and second, by analyzing the institutional tools that facilitate or constrain conceptual convergence. In doing so, it takes cognizance of the comment of Advocate General Wahl in Cartes Bancaires that the classification of an agreement as a restriction of competition by object must be necessarily circumscribed because 'the analytical framework that the Court is led to identify will be imposed both on the Commission and on the national competition authorities, whose awareness and level of expertise vary'. The paper first briefly outlines what is meant by restriction by object before turning to look specifically at developments in relation to MFN/RPM clauses and, more briefly, pay-for-delay clauses. It does not have regard to the role of national courts (save incidentally) but does address the role of the preliminary reference procedure in bringing the enforcement practices of the NCAs before the Court of Justice of the EU (CJEU). The paper then turns to institutional tools and constraints within the legal architecture of the ECN, specifically in light of proposed reforms, before concluding.
Type of material: Book Chapter
Publisher: Bruylant
Keywords: Restriction by objectNational competition authoritiesCompetition lawEuropean Union
Other versions:
Language: en
Status of Item: Peer reviewed
Is part of: Gerard, D., Merola, M. and Meyring, B. (eds.). The Notion of Restriction of Competition: Revisiting the Foundations of Antitrust Enforcement in Europe
ISBN: 9782802755319
Appears in Collections:Law Research Collection

Show full item record

Page view(s)

Last Week
Last month
checked on Nov 22, 2019

Download(s) 50

checked on Nov 22, 2019

Google ScholarTM



This item is available under the Attribution-NonCommercial-NoDerivs 3.0 Ireland. No item may be reproduced for commercial purposes. For other possible restrictions on use please refer to the publisher's URL where this is made available, or to notes contained in the item itself. Other terms may apply.