Vertical & Horizontal Restrictions and Article 101

From the mid 90´ies and henceforth the European Community has adopted a more economical approach to vertical agreements under Article 101, creating de facto not merely a more lenient approach but also a better theoretical ba­sis for the concept of a restriction. Following the turn of the millennium many of the same elements have been expanded to apply to horizontal agreements. Hence, while it would be too premature to claim the establishing of a coherent theory, there has at least emerged a better basis for condemning restrictions indicating a less restrictive approach to agreements and consorted practices under Article 101. Possible explanations and the different steps establishing the transformation would be a most welcome subject for a thesis but other associated subjects could also be relevant.

Contact: Associate Professor, Ph.D. Christian Bergqvist, Christian.Bergqvist@jur.ku.dk.