Monopoly Policy

Abstract

Monopoly policy is perhaps the weakest link in the Commission’s competition policy chain. Although the regulation of exploitative and abusive monopolies has much in common with the control of restrictive practices, there has been a marked difference in the evolution of these two policies. Whereas the Article 85[81] regime was prioritised from the very start, the same cannot be said for Article 86[82]. Indeed, not only has monopoly policy lagged behind cartel policy in terms of decision-taking and case law, but it has also more recently been undermined by the creation of a high-profile European merger policy. In accounting for the policy’s failure to live up to standards set by European restrictive practices policy, this chapter begins with an overview of Article 86[82] in context. A large part of the chapter deals with the way in which the Commission assesses its monopoly cases: first, in terms of the principle of dominance; and subsequently through its analysis of abuse. The chapter ends with an assessment of the policy, identifying the criticisms that have been levelled at the Article 86[82] regime, and drawing rather negative conclusions about the effectiveness of the Commission’s monopoly policy.