A new economic approach to Article (81)1

Abstract:

In Community competition law, there is little that is more controversial than the supposed existence of a 'rule of reason' in Article 81(1). In Case T-112/99, delivered on the September 18, 2001, the Court of First Instance took the opportunity to more properly define the current status of the 'rule of reason' in Community competition law. This note sets out the issues and arguments raised by the parties and considers the clarification of the new economic approach to Article 81(1).