Positive EC guidance needed under Regulation 2

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Since the entry into force of Regulation 1/2003, which brought about a fundamental change from a notification system for potentially anti-competitive agreements and an exemption monopoly for the European Commission (‘EC’) to direct applicability of Article 101 (3) Treaty on the Functioning of the European Union (‘TFEU’) and self-assessment of potential infringements by the companies concerned, the EC’s enforcement priority have been, hardcore cartel cases1 and abuse of dominance cases.2,3 EC cases on borderline conduct, like co-operations between competitors—where it is without detailed assessment not clear whether an agreement or concerted practice infringes Article 101 (1) TFEU at all, falls under a block exemption regulation (‘BER’) or merits...