Professional ethics and restraints of competition

Abstract:

When it comes to the question whether or not rules on professional ethics restrict competition, the current state of EC competition law is not clear. Since the decision of the Commission in EPI, the judgment on appeal of the Court of First Instance against this decision and the judgment of the Court of Justice in Wouters, it is uncertain whether or not Art.81(1) EC implies a public interest rule of reason. The author contends that this is not the case. A public interest rule of reason runs counter to the function of Art.81(1) EC. The Court, moreover, effectively did not apply a public interest rule of reason in Wouters. In order to provide a concise legal framework, this contribution attempts to define the concept of 'deontological ancillarity'.