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Hence, it should not be thought that too many agreements which are not anti-competitive are still prohibited.
Article 81(1)
The key features of the Guidelines, with regards to Article 81(1) are: first, the explicit counterfactual against which the Commission will assess whether competition may be restricted. Second, the provision of a number of principles for assessing whether an agreement has its object or effect the restriction of competition.
The Counterfactual
The assessment on whether an agreement restricts competition must be made within the actual context in which competition would occur in the absence of the agreement with its alleged restrictions ...
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