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DC Field | Value | Language |
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dc.date.accessioned | 2015-05-06T09:41:28Z | |
dc.date.available | 2015-05-06T09:41:28Z | |
dc.date.issued | 2014 | |
dc.identifier.uri | https://www.um.edu.mt/library/oar//handle/123456789/2692 | |
dc.description | LL.D. | |
dc.description.abstract | The aim of this thesis is to examine the concept of ancillary restraints within the context of EU competition law. The introduction includes a brief exposition of all the relevant elements including Article 101, the Merger Regulation and the Sherman Act. It also incorporates a succinct explanation on the emergence of ancillary restraints, including its bifurcating into commercial and regulatory ancillarity. The first chapter focuses on the three elements that make up a valid ancillary restraint. Case law, and European Guidelines, here, help in organizing these elements and establishing how they were developed through time and are interpreted in practice. The second chapter concentrates on the relationship between Article 101(1) TFEU and Article 101(3) TFEU, and how this affects the analysis required of agreements before they are to be deemed compatible, or not, to the article. A common argument has been that of having the analysis required under Article 101(1) to be tantamount to the US Rule of Reason. This allegation is examined here. Lastly, it deals with how the notions at hand facilitate the idea of having only the actual harmful agreements being deemed incompatible. The third chapter, then, deals with the specific sphere of acquisitions and joint ventures. European Guidelines are analysed as to how several common restraints are to be interpreted. The notion of self-assessment by undertakings, in practice, is examined. Finally, the conclusion aims at connecting the points established in the prior chapters and answering the question of where, under Article 101, ancillary restraints are analysed and up to which level is the analysis permitted. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Antitrust law -- European Union countries | en_GB |
dc.subject | Consolidation and merger of corporations -- European Union countries | en_GB |
dc.subject | Restraint of trade -- European Union countries | en_GB |
dc.title | The notion of ancillary restraints under EU competition | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Economics, Management and Accountancy | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Sammut, Christine | |
Appears in Collections: | Dissertations - FacLaw - 2014 Dissertations - FacLawEC - 2014 |
Files in This Item:
File | Description | Size | Format | |
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14LLD091.pdf Restricted Access | 1.21 MB | Adobe PDF | View/Open Request a copy |
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