A Principled Approach to Abuse of Dominance in European by Liza Lovdahl Gormsen

By Liza Lovdahl Gormsen

3 questions encompass the translation and alertness of Article eighty two of the EC Treaty. what's its underlying goal? Is it essential to reveal genuine or most likely anticompetitive results out there position while using Article eighty two? and the way can dominant undertakings guard themselves opposed to a discovering of abuse? rather than the standard dialogue of targets, Liza Lovdahl Gormsen questions no matter if the Commission's selected target of purchaser welfare is valid. whereas many group legal professionals may without difficulty settle for and certainly welcome the target of patron welfare, this isn't supported by way of case legislations. The neighborhood Courts don't continuously favour patron welfare on the rate of financial freedom. this can be vital for dominant undertakings' skill to increase efficiencies and for knowing why the Chicago and post-Chicago university arguments can't be injected into Article eighty two.

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A consumer may not only mean a member of the public who purchases goods for personal use but also those who purchase goods in the course of their trade: see Whish, supra note 58, 158. 71 His argument has some merits if it is accepted that most exclusionary abuses are also exploitative indirectly. Joliet argued that exclusionary conduct will eventually be caught by prohibiting exploitation because the point of driving competitors out of the market is that the dominant undertaking can acquire the market power necessary to charge monopoly profits.

Different schools of thought in law and economics While consumer welfare has been on the Commission’s political agenda explicitly since at least when Sir Leon Brittan became Competition Commissioner in 1989, there is relatively little analytical work to guide policy-makers. 37 Considering these formative influences in the evolution of US antitrust can help in the analysis of the 34 35 36 37 C. F. (Rick) Rule, ‘Consumer Welfare, Efficiencies, and Mergers’, 17 November 2005, hearing of the Antitrust Modernization Commission, 6.

Eu/competition/speeches. J. F. Brodley, ‘The Economic Goals of Antitrust: Efficiency, Consumer Welfare and Technological Progress’ 62 New York University Law Review (1987) 1020, 1032. 5 These scholars, among others, are concerned with welfare economics 6 (or normative economics)7 and aim to identify situations where efficiencies are not achieved and to prescribe corrective solutions. The chapter introduces the different types of efficiency and their correlation with the various welfare standards.

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