A Standard of Reason in EEC Antitrust Law: Some Comments on the Application of Parts 1 and 3 of Article 85

Van Houtte, Ben | January 1, 1982

In this article, Mr. Van Houtte outlines the basic provisions for antitrust enforcement in the European Economic Community, and comments on the current standards utilized by the European Commission in application of these laws. He advocates movement toward a more equalized balance of the theory behind the antitrust laws and adequate enforcement of those provisions. To achieve that balance, Mr. Van Houtte favors the use of a “standard of reason” in Article 85(1) cases, and increased emphasis on the public interest in analyses performed under Article 85(3).