CONTRIBUTIONS TOWARDS ELUCIDATING THE CONCEPT OF „RESTRICTION OF COMPETITION BY OBJECT”
CONTRIBUTIONS TOWARDS ELUCIDATING THE CONCEPT OF „RESTRICTION OF COMPETITION BY OBJECT”

Summary/Abstract: The purpose of this article is to provide stakeholders, students and law practitioners with an analysis of the incidence of competition rules on restrictive practices and, in particular, of restricting competition by object.Starting from the policy of the European Union, the framework of the analysis is based mainly on legal criteria, without ignoring the economic criteria, the latter describing the facts that underlie the agreements and the context in which they are concluded. For example, companies’ market share, the market structure and other indices are fundamental elements which can provide evidence of a possible cartel.On the other hand, given the large possible types of agreements and the diversity of market conditions in which they are organized, it is important to identify the criteria on which to assess the compatibility of an agreement with competition rules, and in particular the impact on which may have an agreement on the market.Finally, the criteria cannot be found in a checklist, with each case being analysed according to facts, behaviours and other elements that circumscribe restrictive competition agreements.These considerations call for research and identification of situations where the „object” is a reference as well as a mean of restricting competition.Undoubtedly, in assessing an agreement that highlights the restriction of competition by object, it is absolutely necessary to refer to the decisions of the European Commission and to the case-law of the Court of Justice of the European Union.

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