The doctrine of provisional validity invented by the Community Court now applies to very few agreements. Mrs. Korah believes that unless a rule of reason is applied to restraints ancillary to agreements that lead to new competitive pressures, the risk of collaboration may become excessive. Mrs. Korah also expresses concern that this may reduce the dynamism of Community industry in competition with American and Japanese firms.
The Rise and Fall of Provisional Validity -- The Need for a Rule of Reason in EEC Antitrust,
Nw. J. Int'l L. & Bus.