Monday, April 9, 2007
Posted by D. Daniel Sokol
Valentine Korah of University College London provides her thoughts on 50 years of competition policy in the EU here (free registration required). Korah notes a pattern of decreasing competition policy intervention.
Korah makes a number of interesting points. One insight in particular on the current state of Article 82 stands out. Korah writes, "The old views on Article 82 are still accepted by the courts, although the views are now controversial. The Commission is trying focus on avoiding consumer harm, and analyzing the direct or indirect effects on consumers of conduct alleged to be abusive. There is a huge dispute between those influenced by the German school of Ordo Liberals, interested in competition as an institution and the protection of competitors, on the one hand, and those influenced by developments in the USA and concern for efficiency."
Are we in fact seeing the Americanization of Article 82?