Book contents
- Non-Competition Interests in EU Antitrust Law
- Global Competition Law and Economics Policy
- Non-Competition Interests in EU Antitrust Law
- Copyright page
- Contents
- Figures
- Tables
- Acknowledgements
- Definitions
- Abbreviations
- 1 Introduction and Methodology
- 2 History of Article 101 TFEU Balancing
- 3 Article 101(3) TFEU
- 4 Block Exemption Regulations
- 5 Article 101(1) TFEU
- 6 National Balancing Tools
- 7 Enforcement Discretion
- 8 Conclusion
- Book part
- Laws, Regulations, Reports, and Policy Papers
- Case Law
- Bibliography
- Index
6 - National Balancing Tools
Published online by Cambridge University Press: 06 June 2022
- Non-Competition Interests in EU Antitrust Law
- Global Competition Law and Economics Policy
- Non-Competition Interests in EU Antitrust Law
- Copyright page
- Contents
- Figures
- Tables
- Acknowledgements
- Definitions
- Abbreviations
- 1 Introduction and Methodology
- 2 History of Article 101 TFEU Balancing
- 3 Article 101(3) TFEU
- 4 Block Exemption Regulations
- 5 Article 101(1) TFEU
- 6 National Balancing Tools
- 7 Enforcement Discretion
- 8 Conclusion
- Book part
- Laws, Regulations, Reports, and Policy Papers
- Case Law
- Bibliography
- Index
Summary
This chapter studies the balancing entrenched in unique national rules of the Member States. Those national balancing tools bear significantly on balancing in the decentralised enforcement era, during which almost 90 per cent of Article 101 TFEU enforcement actions have taken place in front of NCAs. This chapter highlights the doubts about the compatibility of those national tools with EU competition law, a topic that has been largely overlooked by legal scholarship.
Keywords
- Type
- Chapter
- Information
- Non-Competition Interests in EU Antitrust LawAn Empirical Study of Article 101 TFEU, pp. 293 - 309Publisher: Cambridge University PressPrint publication year: 2022