Non-Competition Interests in EU Antitrust Law

An Empirical Study of Article 101 TFEU

Or Brook

• Publisher: Cambridge University Press
• Year: 2022
• Print ISBN:
  9781108837606
• eBook ISBN:
  9781108950008
• Topic: Law
• Subtopic: Antitrust
• Index: Law

This book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Based on an original quantitative and qualitative database of over 3,100 cases, this book records all of the public enforcement actions of Article 101 TFEU taken by the Commission, EU Courts, and the national competition authorities and courts of five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). The book not only exposes explicit tools in which non-competition interests played a role, but also sheds light on the "dark matter" of balancing, namely, invisible forms of balancing triggered by the institutional and procedural setup of the competition enforcers. Moreover, it contributes to the empirical-legal study of various other aspects of EU competition law enforcement, such as its objectives, the more economic approach, decentralized enforcement, and the functioning and success of Regulation 1/2003.

Table of contents

• Cover
• Half-title
• Series information
• Title page
• Copyright information
• Contents
• List of Figures
• List of Tables
• Acknowledgements
• List of Definitions
• List of Abbreviations
• 1 Introduction and Methodology
• 2 History of Article 101 TFEU Balancing
• 3 Article 101(3) TFEU: Individual Exemptions
• 4 Block Exemption Regulations
• 5 Article 101(1) TFEU
• 6 National Balancing Tools
• 7 Enforcement Discretion
• 8 Conclusion
• Annex A: References
• Annex B: BERs Development
• List of Laws, Regulations, Reports, and Policy Papers
• List of Case Law
• Bibliography
• Index