How Important is the Distinction in Article 101 TFEU between Agreements that Restrict Competition by Object and Those that Restrict by Effect?

Posted by D. Daniel Sokol

Beata Kozubovska (Motieka & Audzevicius PLP, Vilnius University) asks How Important is the Distinction in Article 101 TFEU between Agreements that Restrict Competition by Object and Those that Restrict by Effect?

ABSTRACT: The paper discusses how important is the distinction in Article 101 TFEU between agreements that restrict competition by object and those that restrict by effect. Along the same line of thought it argues whether the distinction should be abolished, with the result that the European Commission (or a national competition authority) should have to prove appreciable anti-competitive effects in all cases in which a violation of Article 101 is alleged.