Hardcore restraints in agreements: from prohibition to limitation

Abstract

The prohibition of agreements containing hardcore restraints is the point where public and private interests meet. Despite the fact that Article 101 of Treaty on the Functioning of the European Union25 prohibits such agreements, competition policy is not as rigid as it was before. Practice has shown that some of agreements containing hardcore restraints cannot restrict competition significantly. Some of them are even considered as pro-competitive. Unfortunately, the specific criteria to rehabilitate such agreements need to be found and highlighted. The practice of European Court of Justice and some national institutions are ahead of the legal regulation. This article gives some proposals how to fill this gap.