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Published online by Cambridge University Press: 06 June 2022
This chapter studies the balancing entrenched in unique national rules of the Member States. Those national balancing tools bear significantly on balancing in the decentralised enforcement era, during which almost 90 per cent of Article 101 TFEU enforcement actions have taken place in front of NCAs. This chapter highlights the doubts about the compatibility of those national tools with EU competition law, a topic that has been largely overlooked by legal scholarship.
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