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Article 81(3) is now directly applicable by NCAs and national courts. Undertakings have an increased burden to assess whether their agreements fall foul of Article 81. This assessment must be based on sophisticated legal and economic analysis which may lead to uncertainty and unpredictability. Critically analyse this statement. Competition law is essential to the increase and improvement of activity within the economic community as it encourages efficiency of production and distribution, promotes integration to create a single market and restricts any unfair behaviour by larger undertakings. Article 81 aims to support these objectives and ultimately regulate competition law by concentrating its policy upon prohibition of anti-competitive activity, such as abusive anti-competitive practices or distortion of competition within the market. However, the increased burden upon undertakings to assess their own behaviour and ensure it is compatible with the provisions in Article 81, will inevitably lead to inconsistent and uncertain...

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