The prohibition of agreements containing hardcore restraints is the point where public and private interests meet. Despite the fact that Article 101 of Treaty on the Functioning of the European Union25 prohibits such agreements, competition policy is not as rigid as it was before. Practice has shown that some of agreements containing hardcore restraints cannot restrict competition significantly. Some of them are even considered as pro-competitive. Unfortunately, the specific criteria to rehabilitate such agreements need to be found and highlighted. The practice of European Court of Justice and some national institutions are ahead of the legal regulation. This article gives some proposals how to fill this gap.
|Title of host publication||Practice and research in private and public sector|
|Subtitle of host publication||international scientific conference|
|Place of Publication||Vilnius|
|Publisher||Mykolas Romeris University|
|Publication status||Published - 2012|
|Event||Practice and research in private and public sector: international scientific conference - Mykolas Romeris university, Vilnius, Lithuania|
Duration: Apr 26 2012 → Apr 27 2012
|Conference||Practice and research in private and public sector|
|Period||4/26/12 → 4/27/12|
- Hardcore restraints
- De minimis
Puksas, A. (2012). Hardcore restraints in agreements: from prohibition to limitation. In Practice and research in private and public sector: international scientific conference (pp. 321-328). Vilnius: Mykolas Romeris University.