Hardcore restraints in agreements: from prohibition to limitation

Research output: Chapter in Book/Report/Conference proceedingConference contribution

Abstract

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.
Original languageEnglish
Title of host publicationPractice and research in private and public sector
Subtitle of host publicationinternational scientific conference
Place of PublicationVilnius
PublisherMykolas Romeris University
Pages321-328
Publication statusPublished - 2012
EventPractice and research in private and public sector: international scientific conference - Mykolas Romeris university, Vilnius, Lithuania
Duration: Apr 26 2012Apr 27 2012

Conference

ConferencePractice and research in private and public sector
CountryLithuania
CityVilnius
Period4/26/124/27/12

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Keywords

  • Competition
  • Hardcore restraints
  • Agreements
  • Prohibition
  • De minimis

Cite this

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.