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Principled Approach to Abuse of Dominance in European Competition Law

Principled Approach to Abuse of Dominance in European Competition Law

Principled Approach to Abuse of Dominance in European Competition Law

Author: Liza Lovdahl Gormsen
Publisher: Cambridge University Press
ISBN: 9780521767149
Published In: March 2010
Format: Hardback
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse?

Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission’s chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law.

The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings’ ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82.

Challenges the current acceptance that consumer welfare is the main objective of Article 82, thus giving the reader an alternative viewpoint
Explains why the Chicago and post-Chicago School arguments cannot be injected into Article 82, helping the reader understand why it is and has been so difficult for dominant undertaking to advance efficiencies under Article 82

Contents:: 1. Introduction; 2. Consumer welfare theory, different schools of thought and efficiencies; 3. Objectives; 4. The legitimacy of the consumer welfare goal in Article 82; 5. The role of effects in Article 82; 6. Guidelines; 7. The way forward.

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