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6 - National Balancing Tools

Published online by Cambridge University Press:  06 June 2022

Or Brook
Or Brook
Affiliation:
University of Leeds
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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

Article 3(3) of Regulation 1/2003non-competition interestArticle 4(3) TEUduty of sincere cooperationdecentralised enforcementdiversitymultilevel governancenational protectionismArticle 101 TFEU
Type
Chapter
Information
Non-Competition Interests in EU Antitrust Law
An Empirical Study of Article 101 TFEU
 , pp. 293 - 309
Publisher: Cambridge University Press
Print publication year: 2022

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  • National Balancing Tools
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.006
Available formats
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  • National Balancing Tools
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • National Balancing Tools
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.006
Available formats
×