{"title":"It ain’t over until it’s over – when do infringements of EU competition law end?","authors":"Jussi Koivusalo","doi":"10.1080/17441056.2023.2280324","DOIUrl":null,"url":null,"abstract":"The duration of infringements of Articles 101 and 102 TFEU has significant implications on the enforcement of those rules and those subject to enforcement. This article examines the European Court of Justice’s case law on the assessment of the duration of an infringement of Article 101 TFEU after the conduct constituting the infringement has ended. While earlier case law focused on continuing market conduct corresponding to the original infringing conduct, more recent case law appears to bring forth an approach centred on the restriction of competition resulting from the conduct. The judgment in Kilpailu- ja kuluttajavirasto suggests that a complete assessment of an infringement’s duration should consider the scrutinized conduct’s restrictive effects on the competition that it distorts. That judgment also suggests that any price effects or other damages suffered by the infringers’ customers do not affect the infringement period’s length.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Competition Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17441056.2023.2280324","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
The duration of infringements of Articles 101 and 102 TFEU has significant implications on the enforcement of those rules and those subject to enforcement. This article examines the European Court of Justice’s case law on the assessment of the duration of an infringement of Article 101 TFEU after the conduct constituting the infringement has ended. While earlier case law focused on continuing market conduct corresponding to the original infringing conduct, more recent case law appears to bring forth an approach centred on the restriction of competition resulting from the conduct. The judgment in Kilpailu- ja kuluttajavirasto suggests that a complete assessment of an infringement’s duration should consider the scrutinized conduct’s restrictive effects on the competition that it distorts. That judgment also suggests that any price effects or other damages suffered by the infringers’ customers do not affect the infringement period’s length.
违反《国际贸易条约》第101条和第102条的期限对这些规则的执行和被执行者的执行具有重大影响。本文考察了欧洲法院的判例法中关于在构成侵权行为结束后对第101条的侵权持续时间的评估。虽然早期的判例法侧重于与原始侵权行为相对应的持续市场行为,但最近的判例法似乎提出了一种以限制由侵权行为引起的竞争为中心的方法。Kilpailu- ja kuluttajavirasto一案的判决表明,对侵权持续时间的全面评估应该考虑被审查的行为对其扭曲的竞争的限制性影响。该判决还表明,侵权人的客户所遭受的任何价格影响或其他损害都不会影响侵权期的长度。
期刊介绍:
The European Competition Journal publishes outstanding scholarly articles relating to European competition law and economics. Its mission is to help foster learning and debate about how European competition law and policy can continue to develop in an economically rational way. Articles published in the Journal are subject to rigorous peer review by leading experts from around Europe. Topics include: -Vertical and Conglomerate Mergers -Enlargement of the Union - the ramifications for Competition Policy -Unilateral and Coordinated Effects in Merger Control -Modernisation of European Competition law -Cartels and Leniency.