The "Generics UK" precedent: Will the ECJ find the way out of the "restriction of competition by object" maze?

Competition Forum Law & Economics, Quentin Colombier, 1 March 2021

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In a noteworthy ruling delivered on January 30th, 2020 in response to a preliminary ruling requested by the Competition Appeal Tribunal of the United Kingdom, the Court of Justice of the European Union provides interesting clarifications regarding the concept of “restriction of competition by object”: (i) the legal classification of “pay-fordelay” agreements as a “restriction of competition by object” becomes subjective, (ii) the principle of taking into account pro-competitive effects at the stage of the legal classification of the agreement as a “restriction of competition by object” is accepted.

Authors

Quentin Colombier
UVSQ (Versailles)

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