Jurisdiction(s):
United Kingdom

Key definition

Antitrust definition

What does Antitrust mean? In legal practice, antitrust refers to the body of competition rules that prohibit anti-competitive agreements, concerted practices and abusive unilateral conduct. The term is descriptive (widely used alongside competition law) and, in UK/EU usage, usually covers restrictive agreements and abuse of dominance, distinct from merger control and state aid. In the UK (England and Wales, Scotland and Northern Ireland), the Chapter I and Chapter II prohibitions in the Competition Act 1998 broadly mirror Article 101 and Article 102 TFEU. They are enforced by the Competition and Markets Authority and concurrent sectoral regulators, with sanctions including fines up to 10%...

CJEU in Gasorba (C‑547/16): Commission Article 9 commitments do not preclude national courts from invalidating agreements under Article 101(2) TFEU

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 23 November 2017it is no longer maintained. See further, timeline and commentary.

Case facts

Outline

A reference by the Tribunal Supremo (Supreme Court of Spain) to the Court of Justice sought a preliminary ruling under Article 267 TFEU on how far a European Commission decision accepting remedies under Article 9 of Regulation 1/2003 binds courts in Member States. The matter concerned the Commission’s 2006 acceptance of commitments offered by Repsol (Case AT.38348)...

Outcome

On 23 November 2017, the Court of Justice delivered its judgment, finding that a Commission decision accepting commitments for particular arrangements does not prevent a national court from assessing the legality of those same agreements under antitrust rules and, where necessary, declaring them void pursuant to article 101(2) TFEU...

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Web page updated on 21/05/2026

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