From Mobile Phones to Cattle: How the Court of Justice Is Reframing the Approach to Article 101 (Formerly 81 EC Treaty) of the EU Treaty

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Abstract

This paper seeks to analyse the current trends characterising the interpretation of Article 101 of the Treaty on the functioning of the European Union (hereinafter referred to as Article 101 EU Treaty; formerly Article 81 EC Treaty) in the light of recent decisions of the ECJ. The approach to the reading of this provision has evolved slowly but at the same time quite radically in the past years, due to the adoption of a more 'economics-based' approach as well as to the enactment of the Modernisation Regulation, according to which Article 101 is now directly applicable in its entirety by the European Commission, the national competition authorities and the national courts. The paper will investigate the extent to which these two factors have contributed to the emergence of a more 'rule of reason' inspired approach to the application of Article 101 (1) and to a change of approach to the scope of the exemption clause contained in Article 101(3) of the EU Treaty.
Original languageEnglish
Pages (from-to)215-243
Number of pages29
JournalWorld Competition
Volume34
Issue number2
Publication statusPublished - 2011

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