The contribution documents two of the many marks Advocate General Wahl has left on the case law of the EFTA Court and on the development of EEA law. In Ski Taxi, the EFTA Court relied on the Opinion of AG Wahl in Cartes Bancaires to nuance the CJEU case law on the notion of by object restriction of competition. In Scanteam, the EFTA Court relied on the CJEU judgment in Intel, where the CJEU, encouraged by AG Wahl’s Opinion, explicitly adopted a qualified effects criterion to determine the application of EU competition law to conduct which is not implemented in the internal market. In the author’s view, this influence of AG Opinions on the EFTA Court adds an argument in favour of creating the function of Advocate General at the EFTA Court.

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Extraterritorial Objects and Effects: Advocate General Wahl in the EFTA Court

  • Frederik De Ridder

摘要

 The contribution documents two of the many marks Advocate General Wahl has left on the case law of the EFTA Court and on the development of EEA law. In Ski Taxi, the EFTA Court relied on the Opinion of AG Wahl in Cartes Bancaires to nuance the CJEU case law on the notion of by object restriction of competition. In Scanteam, the EFTA Court relied on the CJEU judgment in Intel, where the CJEU, encouraged by AG Wahl’s Opinion, explicitly adopted a qualified effects criterion to determine the application of EU competition law to conduct which is not implemented in the internal market. In the author’s view, this influence of AG Opinions on the EFTA Court adds an argument in favour of creating the function of Advocate General at the EFTA Court.