Contract Law Rules Application in Interpreting the Moment of Concluding Restrictive Agreements on the Market

Abstract

Current legal provisions state that contract is concluded when parties have reached an agreement on its essential elements. Concurrence of wills, therefore, represents a turning point in the process of creating a contract, which is why it raises a number of questions regarding the process of agreement conclusion. This paper aims to perceive the application of contract law rules in interpreting the moment of concluding restrictive agreements on the market, the prohibition of which is contained in art. 101(1) TFEU. In addition, paper will provide an overview of the general rules of contract law and indicate their application when interpreting the moment of conclusion of restrictive agreements on the market, through the decisions of the EU Court of Justice in individual cases. The paper endeavours to point out the specifics of competitor’s market behaviour which can reflect the existence of consent to conclude restrictive agreements that affect freedom of competition.