This chapter concludes by answering the three research questions examined in this study: How have the rationale, method, and limits for the balancing of competition and non-competition interests in the enforcement of Article 101 TFEU evolved in the first sixty years of its existence? How has this process of evolution affected the attainment of the objectives of Regulation 1/2003, namely effectiveness, uniformity, and legal certainty? And what role should non-competition interests play in order to conform to such objectives? It presents the three transitions in balancing that emerge through modernisation and discusses their impact on the effectiveness, uniformity, and legal certainty of the enforcement. In addition, it offers policy recommendations on how non-competition interests should be taken into account in the enforcement of Article 101 TFEU.

This chapter concludes by answering the three research questions examined in this study: How have the rationale, method, and limits for the balancing of competition and non-competition interests in the enforcement of Article 101 TFEU evolved in the first sixty years of its existence? How has this process of evolution affected the attainment of the objectives of Regulation 1/2003, namely effectiveness, uniformity, and legal certainty? And what role should non-competition interests play in order to conform to such objectives? It presents the three transitions in balancing that emerge through modernisation and discusses their impact on the effectiveness, uniformity, and legal certainty of the enforcement. In addition, it offers policy recommendations on how non-competition interests should be taken into account in the enforcement of Article 101 TFEU.

This chapter provides a historical overview of the development of Article 101 TFEU balancing to frame and identify the uncertainties surrounding it. The chapter begins with the EU primary and secondary law provisions, illustrating that they do not prescribe a clear balancing framework. Against this backdrop, it shows that the balancing principles have been greatly shaped by the practices of the Commission and EU Courts. It affirms that the development of the balancing principles is best understood by sorting the practices into four enforcement periods, which are then explored throughout the empirical chapters of the book. In addition to the developments at the EU level, the chapter devotes special attention to the competition law set-up and balancing approaches of each of the five Member States examined in the study.

This chapter introduces the debate over the role of non-competition interests under Article 101 TFEU and sets out the definitions used in this study (including competition and non-competition interests and the notion of balancing). The chapter also presents the empirical methodology guiding the study and discusses the methodological choices. It explores the methodology of systematic content analysis of legal text (‘coding’) used in the study and details the selection criteria used to comprise the database of cases.

This chapter introduces the debate over the role of non-competition interests under Article 101 TFEU and sets out the definitions used in this study (including competition and non-competition interests and the notion of balancing). The chapter also presents the empirical methodology guiding the study and discusses the methodological choices. It explores the methodology of systematic content analysis of legal text (‘coding’) used in the study and details the selection criteria used to comprise the database of cases.

This chapter provides a historical overview of the development of Article 101 TFEU balancing to frame and identify the uncertainties surrounding it. The chapter begins with the EU primary and secondary law provisions, illustrating that they do not prescribe a clear balancing framework. Against this backdrop, it shows that the balancing principles have been greatly shaped by the practices of the Commission and EU Courts. It affirms that the development of the balancing principles is best understood by sorting the practices into four enforcement periods, which are then explored throughout the empirical chapters of the book. In addition to the developments at the EU level, the chapter devotes special attention to the competition law set-up and balancing approaches of each of the five Member States examined in the study.