European Commission Failing to Enforce Article 101 TFEU Against Competition Restrictions
The European Commission aimed to use an effects-based approach to enforce Article 101 TFEU, but mostly relied on the object rule instead. This shift may be due to changes in enforcement priorities and interpretations of competition laws. Other forms of enforcement have not filled the gap left by the focus on object restrictions. As a result, Article 101 TFEU is not effectively enforced against competition restrictions based on their effects, potentially leading to less competition in the future.