The applicability of a US-type rule of reason under article 101 (1) TFEU

Auteurs

• Michael-Alexander Volks

Paramètres

• Manuels
• Manuels universitaires

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This work examines the applicability of a US-style rule of reason under Art. 101 (1) TFEU, comparing EU and US competition law, particularly § 1 of the Sherman Act. It explores whether the rule of reason assessment from US antitrust law can be applied in the EU context. The analysis is grounded in the belief that an efficient competition law regime should achieve its goals at minimal costs, balancing the need to uncover anti-competitive conduct while not hindering pro-competitive behavior. The study begins with a brief overview of economic theories, then discusses US antitrust law enforcement before addressing the EU competition law framework. It focuses on key cases related to the rule of reason in both jurisdictions. Ultimately, the work argues for refining the current EU competition law approach under Article 101 (1) TFEU to enhance efficiency and foster innovation, thereby benefiting consumer welfare. Despite the European Commission's promotion of a “more economic approach,” the existing EU regime is criticized for its over-reliance on the “by object” concept, resulting in a lack of legal certainty for undertakings. This uncertainty can lead to significant fines and limited legal protection, while the procedural efficiencies of the current application of Art. 101 TFEU do not compensate for the adverse effects on businesses, which must self-assess compliance as mandated by Council Regulation (EC) No. 1/2003.

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• Année de publication: 2015