When does an agreement restrict competition?

The hard line between infringements by object v by effect

It follows directly from the wording of Article 101 TFEU that agreements, decisions or concerted practices can be anti-competitive by object or effect. Restrictions by object or effect are alternatives and not cumulative requirements. Thus, if an agreement restricts competition by object, it is not necessary to show that it also is restrictive by effect and vice versa. However, the line between these is blurred. Rather than a list of object infringements, a case-by-case approach must be utilized, where restrictive elements, depending on the context, can be either object or effect-infringements making the matter even more complex. In the seminar we will discuss what to consider a restriction by object and how to undertake a restriction by effect analysis in light of recent judgments by the EU Courts. We will also get a US perspective on the matter.

The lecture will be in English, have three presentations and will be moderated by Associated Professor Christian Bergqvist, ph.d.

Ressources:

Speakers:

  • Sam Baldwin, Attorney at Law will explore the matter of when does an agreement restrict competition by object
  • Assistant Professor Maria Jose Schmidt-Kessen, ph.d., will explore the matter of when does and agreement restrict competition by effect.
  • Professor Professor Salil K Mehra will give a presentation of US antitrust and the difference between being restrictive per see or subject to a rule of reason.

A link to join the lecture will be provided when you register. Deadline for registration is 22 October, 2020, 12:00 .