School of Law

Dr Peter Whelan publishes research in the Journal of European Competition Law & Practice

2 December 2013 |

Dr Peter Whelan, Associate Professor in Law and Deputy Director of the Centre for Criminal Justice Studies has published his analysis of the recent CISAC litigation in the Journal of European Competition Law & Practice.

Dr Whelan explains that the CISAC judgment of the General Court clearly establishes that, under EU Competition Law, a concerted practice will only be proven if the European Commission establishes the implausibility of parallelism in a given market being contributable to anything other than collusion between firms.

He argues that this may prove to be a hurdle which is too high for the Commission (and indeed other EU competition law enforcers) to overcome, to the potential detriment of the welfare of consumers.

The full reference for the publication is: P. Whelan, ‘CISAC: How Difficult It Is to Prove a Concerted Practice’ (2013) 4(6) Journal of European Competition Law & Practice 486.

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