Article 82 EC: What Future for the Effects-Based Approach?

Abstract

Analyses the European Commission guidance paper of December 2008 on the enforcement of the EC Treaty art.82 in respect of exclusionary conduct by dominant undertakings, including: (1) its tests of dominance; (2) its approaches to various forms of abuse of dominance; (3) the efficiency defence; (4) its enforcement priorities; (5) the establishment of safe harbours; and (6) the principles of simplicity and legal certainty. Considers whether the Commission's emphasis on consumer harm will prevail over the EU courts' concern with restriction of competition. Discusses the implications of the efficiency defence, with reference to the Commission's Decision in COMP/C-3/37.990-Intel.