Illegality of Contracts: A Critical Analysis of Agreements in Breach of Articles 101 and 102 of the Treaty on the Functioning of the European Union

摘要

This research paper is the result of an effort to critically evaluate the position of the European Union competition law on the legality of an agreement which contravenes Articles I01 and 102 of the Treaty for the Functioning of the European Union (TFEU). It is within the ambit of this article to analyse the elements of the provisions of Articles 101 and 102 of the TFEU and also to inquire whether agreements in breach of these provisions MUST, in accordance with Article 101 (2) of the TFEU, be pronounced void and if not, whether there is other ancillary legal relief that can apply on the face of such infringing agreements. In this research paper, the litmus test of illegality is viewed from the common law perspective, though a more uniform outlook and balance will be achieved by drawing arguments and conclusions from European Union case law and legal literature.