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Publishers Abstract:
Article 81(1) EC prohibits collusive behavior which has as its object or effect the prevention, restriction or distortion of competition within the common market. This article discusses the purpose of Article 81and critically reviews the case law of the Community courts from 1966 to 1998. It analyses the judgment of the Court of First Instance in Metropole television (M6) v. Commission, in which the Court ruled that no balancing of anti- and pro-competitive effects may be carried out under Article 81(1), and argues that this approach is difficult to reconcile with a test based on price/output restrictions or market power. The article discusses the JCJ Wouters, JW Savelbergh and Price Waterhouse Belasting-adviseurs BV v. Algemene Raad van de Nederlandse Orde van Advocaten case and demonstrates that the Court of Justice there adopted a bi-dimensional framework test under which the anti-competitive effects of collusive behavior are balanced against its pro-competitive effects and public policy objectives which may be pursued by the behavior under review.
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