What is it about?

Anticompetitive agreements such as price fixing agreements between competitors are void. Does this imply that follow-on contracts concluded between one of the parties to such an agreement and a customer implementing the fixed price are also void? For example, if a number of truck producers agree to increase the prices of their trucks, does this mean that the contract selling a truck at the increased price is also void so that the buyer is entitled to return the truck and request the reimbursement of the price paid? This article investigates this question under a number of European legal systems.

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Why is it important?

Anticompetitive agreements lead to increased prices, a reduction of consumer choice, a reduction of quality and a reduction of innovation. Competition authorities may impose sanctions on the infringers. But what are the consequences for their customers? The question whether customers who suffered harm can claim damages has already received a lot of attention. This paper investigates if they can also terminate the contract and request the return of the price paid.

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This page is a summary of: The Impact of Voidness for Infringement of Article 101 Tfeu on Related Contracts, European Competition Journal, April 2012, Taylor & Francis,
DOI: 10.5235/174410512800369928.
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