The dilemma of Article 81(1) EC - the notion of 'restriction of competition'
The dilemma of Article 81(1) EC can be described as a fight between control and freedom. Control in the sense that the Commission has taken a formalistic approach on the interpretation of Article 81(1) EC with the result that many agreements are caught by the prohibition. The only way to avoid the automatic nullity of Article 81(2) EC is then through the exemption paragraph, Article 81(3) EC, whic