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The Boundaries of EC Competition Law$
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Okeoghene Odudu

Print publication date: 2006

Print ISBN-13: 9780199278169

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199278169.001.0001

The meaning and existence of restricted competition

Chapter:
(p. 97 ) 5 The meaning and existence of restricted competition
Source:
The Boundaries of EC Competition Law
Author(s):

Okeoghene Odudu

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278169.003.0005

This chapter explains the meaning of restricted competition and the reason for its existence. Also, this chapter is concerned with the main problem of what is meant by a restriction of competition. Restriction of competition is a jurisdictional rather than substantive requirement. This view is regarded as reflecting past practices, but not those to be used in the future. Moreover, this is asserted whenever a purchaser loses an element of the freedom over what to do with goods or services. This shows that competition law aims to protect and promote certain freedoms. However, allocative efficiency is said to be the effect of restricting competition. This effect of restricting competition is determined by the scope and content of the most intensive intervention centres in cases involving collusion legally presumed to have resulted in allocative inefficiency.

Keywords:   restricted competition, freedom, goods, services, competition law, economic efficiency, allocative efficiency

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