This paper analyses the role and practice of the European Courts and the Commission in protecting the structure of the competitive market as a means to secure the interests of the consumers and competitors.
Krusha Bhatt, Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
The theme of the present article is to deliver the notion that in order to enforce competition rules which are aimed at maintaining a balance between profitability of the competitors and welfare of the consumers, the crucial aspect in attaining it is a healthy competitive market.
Therefore, an attempt is made to analyse the role and practice of the European Courts and the Commission in protecting the structure of the competitive market as a means to secure the interests of the consumers and competitors.
To convey the notion of the paper, sustenance from one of the imperative decisions given by the European Court of Justice purporting the predominant idea has been taken from the case of GlaxoSmithKline v Commission and other relevant cases from the locales of Article 101 coupled with Article 102 of the Treaty on the Functioning of the European Union.
The idea is to critically discuss the rationale of the decision delivered by the hierarchy of courts, the object-effect dichotomy under Article 101(1) for apprehending anti- competitive conduct, and to reflect upon the Commission guidelines.
Published in: Revista Misión Jurídica
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