'Left behind by modernisation? Vertical "hardcore" restrictions of competition'♦
By Alison Jones*
Abstract:
The presentation will chart the journey that the Commission has taken to modernise its
interpretation and application of Article 101 and, in particular, to ensure a shift from rules
based on form to rules based on the economic effects of the conduct at issue. It will focus,
however, on the impact that the modernisation process has had on the treatment of "object"
or "hardcore" restraints. It notes that, in spite of the significant strides taken, the
modernisation process has had little impact on the formalistic treatment of object (or
hardcore) restraints and, indeed, may be perceived as having made it even more risky for
firms to incorporate such restraints into their agreements.
*Kings College, London
♦European Competition Journal, Volume 6, Number 3, December 2010, pp. 649‐676(28)
http://www.ingentaconnect.com/content/hart/ecj/2010/00000006/00000003/art00004