By object vs by effect infringements under Article 101
Agreements and restrictive practices are held anti-competitive and in defiance of Article 101 if hampering competition by object or by effect. Moreover, the review of the former is in contrast to the later subject to a more summary review and appraisal and thus more likely to be condemned as anti-competitive. However, the line between what to consider to be object vs effect infringements is somewhat blurred regardless of the radical consequences of being held as one rather than as the other. An attempt to define the concepts, their lineage in EU competition law and how to identify by object infringements is thus highly demanden and an ideal Ph.D. subject.
Contact: Associate Professor, Ph.D. Christian Bergqvist, Christian.Bergqvist@jur.ku.dk.