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‘Articles 101 and 102 TFEU must be interpreted consistently’: Superleague and the EU system of undistorted competition

 |  April 19, 2024

By: Pablo Ibañez Colomo (Chillin Competition)

In the Superleague case, the Court emphasized the need for a consistent interpretation of Articles 101 and 102 TFEU. While this assertion may not appear groundbreaking, it underscores the fundamental principle of maintaining competition integrity within the EU legal framework.

Ensuring coherence among various legal components is imperative for establishing a functional system. Inconsistencies would undermine the integrity of this system. Hence, the EU treaties mandate a harmonized interpretation of Articles 101 and 102 TFEU.

While this notion may seem self-evident, its implications are not frequently deliberated within EU competition law circles. However, it received attention at the recent annual conference of the Global Competition Law Centre held in Bruges.

One notable implication discussed in Bruges, which has been periodically addressed in this blog, is the recognition that certain practices qualify as abusive by object under Article 102 TFEU.