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Fairness in article 101(3) TFEU

Ouninkorpi, Atte Samuli LU (2021) JAEM03 20211
Department of Law
Faculty of Law
Abstract
This thesis aims to assess article 101 (3) TFEU from fairness point of view.
More specifically, the focus will be on assessing whether this article
protects/ promotes fairness, and if so, who’s fairness. A special focus will be
on also assessing what is considered as fair under the second condition of
article 101 (3) TFEU, which directly refers to fairness by requiring that
consumers receive a fair share of the benefits resulting from the agreement
that is subject to assessment under article 101(3) TFEU.

Firstly, an overview of fairness (and its varying meanings) in addition its
role in EU competition law was given. From there, the thesis moved into
assessing each of the conditions of article 101(3) TFEU from fairness point
of... (More)
This thesis aims to assess article 101 (3) TFEU from fairness point of view.
More specifically, the focus will be on assessing whether this article
protects/ promotes fairness, and if so, who’s fairness. A special focus will be
on also assessing what is considered as fair under the second condition of
article 101 (3) TFEU, which directly refers to fairness by requiring that
consumers receive a fair share of the benefits resulting from the agreement
that is subject to assessment under article 101(3) TFEU.

Firstly, an overview of fairness (and its varying meanings) in addition its
role in EU competition law was given. From there, the thesis moved into
assessing each of the conditions of article 101(3) TFEU from fairness point
of view. It was found by assessing and utilizing various sources that all
conditions of article 101 (3) TFEU can contribute towards fairness. The
article primarily protects fairness for consumers, while also more indirectly
protecting the fairness for competitors in certain cases. There should be also
room for considering the fairness and interest of others, e.g. of society to
limited extend, this however being a matter that is currently debated by
various parties.

Different interpretations of the current state of matters and
suggestions for improvement were discussed relating to the article 101(3)
TFEU’s requirement of consumers receiving a fair share. It seems that in
some of these approaches consumers fairness and interests are only
seemingly protected, where on the other hand, the approach where
consumers must be fully compensated for the negative effects with the
benefits in order for the share to be considered fair was found to be
unnecessarily strict in certain cases: these issues have been also noted by
various parties, but none provided an appropriate solution from fairness
point of view. A proposal was made in the thesis on how the second
condition should be assessed in order to secure outcomes that are actually
fair. (Less)
Please use this url to cite or link to this publication:
author
Ouninkorpi, Atte Samuli LU
supervisor
organization
course
JAEM03 20211
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Fairness, Article 101 (3) TFEU, fair share
language
English
id
9048315
date added to LUP
2021-06-11 17:54:23
date last changed
2021-06-11 17:54:23
@misc{9048315,
  abstract     = {{This thesis aims to assess article 101 (3) TFEU from fairness point of view.
More specifically, the focus will be on assessing whether this article
protects/ promotes fairness, and if so, who’s fairness. A special focus will be
on also assessing what is considered as fair under the second condition of
article 101 (3) TFEU, which directly refers to fairness by requiring that
consumers receive a fair share of the benefits resulting from the agreement
that is subject to assessment under article 101(3) TFEU.

Firstly, an overview of fairness (and its varying meanings) in addition its
role in EU competition law was given. From there, the thesis moved into
assessing each of the conditions of article 101(3) TFEU from fairness point
of view. It was found by assessing and utilizing various sources that all
conditions of article 101 (3) TFEU can contribute towards fairness. The
article primarily protects fairness for consumers, while also more indirectly
protecting the fairness for competitors in certain cases. There should be also
room for considering the fairness and interest of others, e.g. of society to
limited extend, this however being a matter that is currently debated by
various parties.

Different interpretations of the current state of matters and
suggestions for improvement were discussed relating to the article 101(3)
TFEU’s requirement of consumers receiving a fair share. It seems that in
some of these approaches consumers fairness and interests are only
seemingly protected, where on the other hand, the approach where
consumers must be fully compensated for the negative effects with the
benefits in order for the share to be considered fair was found to be
unnecessarily strict in certain cases: these issues have been also noted by
various parties, but none provided an appropriate solution from fairness
point of view. A proposal was made in the thesis on how the second
condition should be assessed in order to secure outcomes that are actually
fair.}},
  author       = {{Ouninkorpi, Atte Samuli}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Fairness in article 101(3) TFEU}},
  year         = {{2021}},
}