A principled approach to abuse of dominance in European competition law / Liza Lovdahl Gormsen.

Format:

Book

Author/Creator:

Gormsen, Liza Lovdahl, author.

Series:

Cambridge antitrust and competition law series

Antitrust and competition law

Language:

English

Subjects (All):

Antitrust law--European Economic Community countries.

Antitrust law.

European Economic Community countries.

Consumer protection--European Economic Community countries.

Consumer protection.

Physical Description:

1 online resource (xviii, 207 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2010.

System Details:

text file

PDF

Summary:

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.

Contents:

Introduction

Consumer welfare theory, different schools of thought and efficiencies

Objectives

The legitimacy of the consumer welfare goal in Article 82

The role of effects in Article 82

Guidelines

The way forward.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511676420

Access Restriction:

Restricted for use by site license.