Voidness of anticompetitive agreements

What is it about?

Agreements between businesses that significantly restrict competition competition within the internal market and have an effect on trade between the member states are void. What does this mean exactly? Is the agreement considered never to have concluded? Is it valid until a court or a competition authority declared it void? Are the consequences of voidness for infringing the EU competition rules the same as those of void contracts under national law?

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Photo by Luiza Giannelli on Unsplash

Photo by Luiza Giannelli on Unsplash

Why is it important?

When thinking about the consequences of infringements of competition law, the first thing that comes to mind are fines. Secondly, businesses may be concerned about damages. However, the only sanction that is mentioned by the EU treaty itself, voidness, is often overlooked.