The contribution of Caroline Cauffman “Nullity under Art. 101(2) TFEU” (in H. Micklitz & C. Sieburgh, “Primary EU Law and Private Law Concepts”, Antwerpen, Intersentia, 2017) has been selected for the Antitrust Writing Awards. During a first round, everyone is allowed to vote by indicating how many stars the article deserves.
Votes can be cast through this link:http://awards.concurrences.com/articles-awards/academic-articles-awards/article/nullity-under-art-101-2-tfeu
The article studies the characteristics of nullity in competition law (article 101(2) TFEU) in comparison with nullity in Belgian, Dutch, French and German civil law and with the concept of non-bindingness of European consumer law.
In national contract law, legal acts are in principle sanctioned at the moment of conception. Nullity in competition law on the other hand can become effective during the life of a contract as a result of for instance the market share of one or more parties. This has its effects on the temporal scope of application of the nullity.
The concept of nullity of article 101(2) TFEU shows certain similarities with the concept of non-bindingness of European consumer law, but still remains fundamentally different. This can be explained by the different goals of both sanctions: the protection of competition on the one hand, and the protection of private interests of the consumer on the other. This has repercussions for the possibility of a party to oppose the ex officio application of nullity/non-bindingness by the court.