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Has the European Union (tacitly) adopted a Trinko doctrine, giving priority to sector regulation?

  • Christian Bergqvist

摘要

In U.S. antitrust, a level of implied immunity is afforded to matters governed by sector regulation, often referred to as the “Trinko-doctrine.” In contrast, no such immunity is assumed in European Union competition law, where by contrast, there is only a very narrow regulatory defence if laws mandate a specific (anti-competitive) course of action. As always, matters are more nuanced in practice. Not only did the Court of Justice of the European Union, the European Union’s highest legal authority, recently suggest an obligation to halt competition law investigation if sector regulations are available, this has tacitly been practiced for years, indicating a more complex relationship and a possible European Union Trinko-doctrine. Following the adoption of the EU’s Digital Market Act, this has relevance beyond the traditional regulated sector, warranting some considerations.