Article 101 Investigations - Recent Developments

Introduction

There have been several key developments in the application of Article 101 TFEU and, in particular, in the complex distinction between restriction by object and by effect, and anti-competitive restrictions justifiable under Art. 101(3) and ‘non-anticompetitive’ restrictions escaping the Art. 101(1) prohibition (e.g. more recently, the European Super League case).

Join Marianna Meriani, Counsel at Akin Gump Strauss Hauer & Feld LLP, who will focus on recent developments and on the new role played by sustainability along with the scope of ‘non-competition law’ arguments and efficiency defences in Article 101 analyses. Recent soft law and the new 2023 European Commission’s Horizontal Guidelines will also be discussed.

This webinar discusses EU law and its application by the European competition enforcer and EU Courts.

What You Will Learn

This webinar will cover the following:

• Introduction to the complexities of the by object and by effect categorisation of anti-competitive agreements and the thin line between anti-competitive agreements which may benefit from efficiency exemptions and restrictions liable to fall out the Article 101(1) TFEU prohibition, with reference to key caselaw
• Brief overview of the new 2023 European Commission’s Horizontal Guidelines and main novelties
• The conditions for the applicability of the Article 101(3) exemption and the role of sustainability arguments in art. 101 TFEU analyses
• Focus on recent caselaw and developments on the scope of non-competition law objectives and efficiency defenses in Article 101(3) TFEU analyses (e.g. the European Super League)

This pre-recorded webinar will be available to view from Tuesday 18th March 2025

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