Brook, O (2019) Struggling With Article 101(3) Tfeu: Diverging Approaches Of The Commission, Eu Courts, And Five Competition Authorities. Common Market Law Review, 56 (1). pp. 121-156. ISSN 0165-0750
Abstract
The decentralized enforcement regime of EU competition law is based on
the assumption that the obligation to apply the same Treaty provisions is
sufficient to ensure a uniform administration of the law. This paper
questions this assumption. Based on a systematic analysis of a large
database of cases, it presents empirical evidence indicating that the
Commission, EU courts and five national competition authorities have
followed very different interpretations of the law when applying Article
101(3)TFEU. The paper uses the debate over the types of benefit that can
be examined under Article 101(3) TFEU as an illustrative example of the
struggle between the different competition authorities in shaping the
future of EU competition policy.
Metadata
Item Type: | Article |
---|---|
Authors/Creators: |
|
Copyright, Publisher and Additional Information: | Copyright © 2019 Kluwer Law International. This is an author produced version of a paper published in Company Market Law. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Competition law; EU law; Empirical legal research; Article 101 TFEU |
Dates: |
|
Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 23 Jan 2019 13:34 |
Last Modified: | 01 Aug 2019 00:43 |
Published Version: | http://www.kluwerlawonline.com/abstract.php?area=J... |
Status: | Published |
Publisher: | Kluwer Law International |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:141418 |