Publication details
Mezi objektem a efektem - nový trend při posuzování kartelových dohod?
| Title in English | Between object and effect - new trend in assessment of cartel agreements? |
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| Authors | |
| Year of publication | 2015 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | agreement object effect cartel competition |
| Description | Competition law distinguishes whether agreement between undertakings has as its object distortion of competition or if such distortion might be only its effect. Question for competition law practitioners arises where there is a boundary between agreement by object and agreement by effect. Distinction between by effect and by object agreements is essential for its assessment by competition authorities that in case of object agreements do not assess effects of such agreement because they presume its harmfulness for undistorted competition based on its goal. So far there has been relatively comforting assumption for competition authorities and courts that generally all agreements regarding directly or indirectly price, output or sharing markets are inherently considered as harmful for competition, thereby agreements by object, e.g. cartels. Nevertheless General court has weakened this relatively stable and long-standing assumption by its decision from 11 September 2014 in case C-67/13 Groupment des cartes bancaires. Ambition of this paper is to analyze this decision and assess its impact for further distinguishing between agreements by object and by effect in competition law practice. |