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Competition Law WG - EU Competition law devours its children

Dates:
  • Tue 23 Feb 2021 11.00 - 12.30
  Add to Calendar 2021-02-23 11:00 2021-02-23 12:30 Europe/Paris Competition Law WG - EU Competition law devours its children

Csongor Istvan Nagy

(Fernand Braudel Senior Fellow, EUI)

 

EU Competition law devours its children: the proliferation of anti-competitive object and the problem of false positives

In the last decade, EU competition law reached a major turning point in its history. Anti-competitive object became an elusive and unpredictable rule, which boosts the risk of false positives and has a significant chilling effect. This paper analyzes this metamorphosis and the social damages it is causing, and proposes an alternative conception. The paper demonstrates that the emerging new concept of anti-competitive object erroneously conflates contextual analysis , which has been part of the object-inquiry from the outset, and effects-analysis, which has no role to play here. It submits that both doctrinal and policy reasons confirm that anti-competitive object should be a category-building principle of judicial rule-making ( definition of the definition ) and not applicable to individual arrangements directly. 

 

The event will be held via Zoom. All are welcome to attend.

 

To register, please e-mail [email protected]

 

The paper will be shared upon registration.

ZOOM - DD/MM/YYYY
  ZOOM -

Csongor Istvan Nagy

(Fernand Braudel Senior Fellow, EUI)

 

EU Competition law devours its children: the proliferation of anti-competitive object and the problem of false positives

In the last decade, EU competition law reached a major turning point in its history. Anti-competitive object became an elusive and unpredictable rule, which boosts the risk of false positives and has a significant chilling effect. This paper analyzes this metamorphosis and the social damages it is causing, and proposes an alternative conception. The paper demonstrates that the emerging new concept of anti-competitive object erroneously conflates contextual analysis , which has been part of the object-inquiry from the outset, and effects-analysis, which has no role to play here. It submits that both doctrinal and policy reasons confirm that anti-competitive object should be a category-building principle of judicial rule-making ( definition of the definition ) and not applicable to individual arrangements directly. 

 

The event will be held via Zoom. All are welcome to attend.

 

To register, please e-mail [email protected]

 

The paper will be shared upon registration.


Location:
ZOOM -

Affiliation:
Department of Law

Type:
Working group

Contact:
Anna Di Biase - Send a mail

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