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Former ACELG researcher Or Brook (now University of Leeds) won the Faculty Award awarded by the University of Amsterdam's Law Faculty. She won the award for her paper 'Struggling with Article 101(3) TFEU: Diverging Approaches of the Commission, EU Courts, and Five Competition Authorities,' published in Common Market Law Review.

In her paper Brook argues that the Commission, EU courts and five national competition authorities have followed very different interpretations of EU competition law when applying Article 101(3) TFEU:

From the abstract:

The decentralized enforcement regime of EU competition law is based on the assumption that the obligation to apply the same Treaties provisions is sufficient to ensure a uniform administration of the law. This paper questions this assumption. Based on a systematic analysis of a large database of cases, it presents empirical evidence indicating that the Commission, EU courts and five national competition authorities have followed very different interpretations of the law when applying Article 101(3) TFEU. The paper uses the debate over the types of benefits that can be examined under Article 101(3) TFEU as an illustrative example of the struggle between the competition authorities for shaping the future of EU competition policy.

 

A pre-publication version of the article is available on SSRN. The final published version is available from Common Market Law Review.

Or Brook, 'Struggling with Article 101(3) TFEU: Diverging approaches of the Commission, EU Courts, and five Competition Authorities' (2019) 56 Common Market Law Review, Issue 1, pp. 121–156