A Principled Approach to Abuse of Dominance in European - download pdf or read online

By Liza Lovdahl Gormsen

ISBN-10: 0521767148

ISBN-13: 9780521767149

3 questions encompass the translation and alertness of Article eighty two of the EC Treaty. what's its underlying function? Is it essential to reveal real or most likely anticompetitive results out there position whilst employing Article eighty two? and the way can dominant undertakings shield themselves opposed to a discovering of abuse? rather than the standard dialogue of ambitions, Liza Lovdahl Gormsen questions no matter if the Commission's selected aim of client welfare is valid. whereas many neighborhood legal professionals may with no trouble settle for and certainly welcome the target of shopper welfare, this isn't supported through case legislations. The neighborhood Courts don't continually favour patron welfare on the fee of financial freedom. this can be very important for dominant undertakings' skill to strengthen efficiencies and for figuring out why the Chicago and post-Chicago institution arguments can't be injected into Article eighty two.

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Van Themaat, ‘Zusammenschlüsse über die Grenze im Rahmen des EWG-Bereichs’, Conference Paper of the Fourth International Conference on European Law, Rome, 1968. Continental Can, supra note 32, para. 26. Case 85/76 Hoff mann-La Roche AG v. Commission [1979] ECR 461, para. 91; Michelin I, supra note 37, para. 70. 76 Having introduced some of the problems and uncertainties surrounding Article 82 in this chapter the concept of consumer welfare will be defined in the next chapter. 76 See E. Rousseva, ‘Modernizing by Eradicating: How the Commission’s New Approach to Article 81 EC Dispenses with the Need to Apply Article 82 EC to Vertical Restraints’ 42 Common Market Law Review (2005) 587, 592; L.

Th is is apparent from many of the submissions to the public consultation on the Discussion Paper, supra note 7. 46 Although the ECJ’s judgment in British Airways contains some promising indications, such as the need for the Commission to establish some form of competitive impact, and an appreciation of economic benefits, these judgments confirm that case law reform of Article 82 is not going to happen immediately. It is a reminder that if the Commission’s enforcement policy is to become more economics-based, the impetus cannot be expected to come from the Community Courts alone.

Annual Proceedings of the Fordham Corporate Law Institute: International Antitrust Law and Policy (New York: Juris, 2004) 165.  A Pr i nc i pl e d A pproac h t o A buse of D om i na nc e many lobbyists from the business community, academia and the legal practice with their own – at times – very different interests. g. 54 This was also the view of the Economic Advisory Group on Competition Policy to the Commission (the ‘EAGCP’) in its report, An Economic Approach to Article 82 EC, published on 21 July 51 52 53 54 E.

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A Principled Approach to Abuse of Dominance in European Competition Law (Antitrust and Competition Law) by Liza Lovdahl Gormsen


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