Consider and discuss with your colleagues the following question: i) Do you agree that in O2 (Germany) v Commission, the CFI applied an analysis under Article 81(1) that is economically rigorous and commercially realistic?

DISCUSSION. Read the Court of First Instances judgment in the case of O2 (Germany) v Commission and a journal article by Marquis that considers the development of the law regarding the application of Article 101(1). One of Marquis conclusions is that: the CFI appears willing or indeed eager to apply an analysis under Art.81(1) that is economically rigorous and commercially realistic. ii) You should give reasons in support of your answer. Note: for simplicity, as you are discussing a historical case, you are to refer to Article 81(1) rather than Article 101(1), and the Court of First Instance (CFI) rather than the General Court. Whatever terminology you decide on, please ensure you use it consistently throughout.

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