Ungeschriebene Ausnahmen vom Verbot wettbewerbsbeschränkender Verhaltenskoordinierungen?

The protection of competition according to Art. 101 TFEU by the European Commission and ECJ depends on whether a coordination does have anticompetitive effects. The prevailing theory does share this opinion by referring to the so called more economic approach in the European competition policy. In the author's view this practice has historical roots but is inconsistent with the wording and the purpose of Art. 101 TFEU. For protecting competition the author is pleading for respecting the relationship of rule and exception in Art. 101 TFEU. The author explains its view by product distribution and discusses concrete sector examples. By doing so it is shown that even coordination in continuously changing market conditions are covered by rule and exception in Art. 101 TFEU, without unwritten exceptions being required.