Competition Law WG - EU Competition law devours its children
Dates:
- Tue 23 Feb 2021 11.00 - 12.30
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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
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