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Competition Law

Analysis - debate - current awareness

20 SEP 2012

'Mandatory Requirements' under Art 101(3) TFEU? The Complementary Relationship between EU Competition and Free Movement Law, Stefan Enchelmaier

With a certain regularity, non-economic justifications for breaches of European competition law are invoked before the Commission and the courts of the European Union. As yet, there is no articulated methodology for dealing with such justifications. This article draws on parallel questions that have arisen in the long-established case law on the Treaty's provisions on free movement in the internal market in order accommodate non-economic justifications within the framework of Art 101 TFEU.

To read the rest of this article, see Competition Law Journal: [2012], Issue 3, Articles (link for online subscribers who have already logged in click here).

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