Do Non-Economic Goals Count in Interpreting Article 101(3) TFEU?

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Series Details Volume 10, Number 2, Pages 341-359
Publication Date May 2014
ISSN 1744-1056
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Introduction:

"For many years, economists and lawyers have argued about whether compettion law should promote goals that do not have an economic dimension. Even in the US, different opinions are expressed about whether competition law should take into account non-economic goals. A straightforward interpretation of what competition law should promote limits the goals only to those related to efficiency gains."

" The first aim of this article is to analyse the kind of non-economic goals that count in interpreting Article 101 TFEU. Determination such goals would facilitate interpretation of individual exemptions from prohibition in restrictive agreements. The second aim of this article is to determine if the goals of Article 101 TFEU can be hierarchized. Such a hierarchy would enable the determination of the relative importance of such goals and a balancing of the goals with the anticompetitive effects of restrictive agreements."
Source Link https://doi.org/10.5235/17441056.10.2.341
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