Non-Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU

This book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. It records all of the public enforcement actions of Article 101 TFEU taken by the Commission, EU Courts, and national competition authorities and courts of five representative Member States.

Format: Hardback
Length: 400 pages
Publication date: 31 March 2022
Publisher: Cambridge University Press

This groundbreaking book is a pioneering exploration into the empirical examination of the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Drawing upon an extensive and unique quantitative and qualitative database comprising over 3,100 cases, this comprehensive volume meticulously records all public enforcement actions taken by the Commission, EU Courts, and national competition authorities and courts across five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). Not only does it unveil explicit tools in which non-competition interests have played a significant role, but it also sheds light on the intricate "dark matter" of balancing, encompassing invisible forms of balancing triggered by the institutional and procedural setup of competition enforcers. Moreover, this book makes valuable contributions to the empirical-legal study of various other facets of EU competition law enforcement, including its objectives, the adoption of a more economic approach, decentralized enforcement, and the effectiveness and success of Regulation 1/2003.

This groundbreaking book is a pioneering exploration into the empirical examination of the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Drawing upon an extensive and unique quantitative and qualitative database comprising over 3,100 cases, this comprehensive volume meticulously records all public enforcement actions taken by the Commission, EU Courts, and national competition authorities and courts across five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). Not only does it unveil explicit tools in which non-competition interests have played a significant role, but it also sheds light on the intricate "dark matter" of balancing, encompassing invisible forms of balancing triggered by the institutional and procedural setup of competition enforcers. Moreover, this book makes valuable contributions to the empirical-legal study of various other facets of EU competition law enforcement, including its objectives, the adoption of a more economic approach, decentralized enforcement, and the effectiveness and success of Regulation 1/2003.

ISBN-13: 9781108837606