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4 - Block Exemption Regulations

Published online by Cambridge University Press:  06 June 2022

Or Brook
Affiliation:
University of Leeds
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Summary

This chapter focuses on the balancing embedded in Block Exemption Regulations (BERs). This balancing tool has received limited attention in scholarship, especially following modernisation. The chapter demonstrates that BERs were initially introduced to EU competition law to accommodate the enormous number of notifications that resulted from the set-up of the old enforcement regime. Although this workload-reducing function perished following the entry into force of Regulation 1/2003, the special BER instrument still remains in force. This chapter concludes that this may be related to the fact that BERs play, and have played in the past, an important role in addition to their administrative function. BERs, like Article 101(3) TFEU individual exemptions, may also reflect a form of balancing between competition and non-competition interests. They offer a pre-determined, clear balancing rule. This chapter shows that balancing under BERs takes place both in the adoption and the application of a BER. It discusses different types of BERs and the effects of modernisation of BERs in the late 1990s.

Type
Chapter
Information
Non-Competition Interests in EU Antitrust Law
An Empirical Study of Article 101 TFEU
, pp. 186 - 219
Publisher: Cambridge University Press
Print publication year: 2022

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  • Block Exemption Regulations
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.004
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  • Block Exemption Regulations
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Block Exemption Regulations
  • Or Brook, University of Leeds
  • Book: Non-Competition Interests in EU Antitrust Law
  • Online publication: 06 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108946674.004
Available formats
×