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Object Restrictions after Cartes Bancaires and Consequences for Agreements in Need to Benefit from the “Safe Harbour” of the De Minimis Notice

Pillay, Preshanthi LU (2015) JURM02 20151
Department of Law
Abstract
Some practices are seen as so serious and damaging to competition that they are presumed to have restrictive effects on competition. Having a category of restrictions that are forbidden benefits both companies, as it creates legal certainty, and the Commission which would not not have to go through a burdensome investigation. In recent decades, the interpretation of restriction by object has caused discussion. There are many aspects which need to be considered when examining whether an object infringement exists, which has caused the concept to become complex and vague. Cartes Bancaires, a judgement from 2014, was claimed to have significantly narrowed the interpretation of object. The purpose of this thesis is to investigate whether the... (More)
Some practices are seen as so serious and damaging to competition that they are presumed to have restrictive effects on competition. Having a category of restrictions that are forbidden benefits both companies, as it creates legal certainty, and the Commission which would not not have to go through a burdensome investigation. In recent decades, the interpretation of restriction by object has caused discussion. There are many aspects which need to be considered when examining whether an object infringement exists, which has caused the concept to become complex and vague. Cartes Bancaires, a judgement from 2014, was claimed to have significantly narrowed the interpretation of object. The purpose of this thesis is to investigate whether the interpretation has become narrower. Furthermore, the Commission has published a Guidance on restrictions “by object” for the purpose of defining which agreements may benefit from the De Minimis Notice. This thesis will further examine whether Cartes Bancaires has an effect on this Guidance. (Less)
Please use this url to cite or link to this publication:
author
Pillay, Preshanthi LU
supervisor
organization
alternative title
Has the interpretation of ‘object’ been narrowed?
course
JURM02 20151
year
type
H3 - Professional qualifications (4 Years - )
subject
language
English
id
5473790
date added to LUP
2015-07-06 14:22:07
date last changed
2015-07-06 14:22:07
@misc{5473790,
  abstract     = {Some practices are seen as so serious and damaging to competition that they are presumed to have restrictive effects on competition. Having a category of restrictions that are forbidden benefits both companies, as it creates legal certainty, and the Commission which would not not have to go through a burdensome investigation. In recent decades, the interpretation of restriction by object has caused discussion. There are many aspects which need to be considered when examining whether an object infringement exists, which has caused the concept to become complex and vague. Cartes Bancaires, a judgement from 2014, was claimed to have significantly narrowed the interpretation of object. The purpose of this thesis is to investigate whether the interpretation has become narrower. Furthermore, the Commission has published a Guidance on restrictions “by object” for the purpose of defining which agreements may benefit from the De Minimis Notice. This thesis will further examine whether Cartes Bancaires has an effect on this Guidance.},
  author       = {Pillay, Preshanthi},
  language     = {eng},
  note         = {Student Paper},
  title        = {Object Restrictions after Cartes Bancaires and Consequences for Agreements in Need to Benefit from the “Safe Harbour” of the De Minimis Notice},
  year         = {2015},
}