Topic: Competition Law

Order Description
The distinction between agreements among undertakings which have as their “object” the restriction of competition, and those which have such an “effect”, has always been present in the European
competition system…(However) The qualification of certain agreements as restrictions by object, without conducting a precise analysis of their effects, has been seen with scepticism and,
consequently, criticised by many commentators, mostly economists and legal practitioners on the side of undertakings. In essence, it has been argued that, following the more economic approach to EU
competition law, the rather formalistic concept of “object restriction” must be—progressively—suppressed by a more economic-based and less rigid assessment of this type of agreements.’

Critically evaluate the above quotation in light of the recent judgment of the CJEU of 13 December 2012 in the case C-226/11 Expedia