Keywords
consumer welfare, economic approach, effects-based approach, antitrust assessment, agreements, legal exception, exemptions
Abstract
The article analyzes the method of assessing restrictive agreements from the perspective of an effects-based approach. The article discusses a number of signs of the use of this approach to agreements assessed on the basis of the Competition and Consumer Protection Act of 2007 including: 1) accepting consumer welfare as the basic prerequisite of an antitrust intervention; 2) considering the context in which an agreement was concluded and/or functioning as the ultimate determinant of an antitrust assessment; 3) references made (direct or indirect) to economically-based antitrust doctrines, such as that of a single economic unit or of ancillary restraints; 4) remitting antitrust proceedings because of the fulfi llment of the conditions of legal exemption contained in Article 8(1) of the Competition Act 2007; 5) the use of commitments decisions on the basis of its Article 12.
Recommended Citation
Jurkowska-Gomułka, A. (2012). Effects-oriented application of the prohibition of competition restricting agreements? Some comments on the decisions issued by the Polish competition authority on the basis of the Competition Act of 2007. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 1(1), 33-49. Retrieved from https://press.wz.uw.edu.pl/ikar/vol1/iss1/3
First Page
33
Last Page
49
Page Count
16
Publisher
University of Warsaw
