Wednesday, December 19, 2007
Posted by D. Daniel Sokol
Portuguese PhD student João Oom de Sousa Tovar Jalles (New University of Lisbon Department of Economics) has posted EU Competition Policy: Some Real Case Applications in which he examines the Microsoft-WMP and Volvo-Scania cases.
ABSTRACT: European Union Antitrust Laws have been successfully applied to anti-competitive behavior, which can take place abroad, but have an effect within the EU. Under Antitrust Laws, not only abuse of dominant position practices but also mergers that restrain competition are regarded as illegal and subject to severe remedies. This paper accesses both Microsoft-WMP and Volvo-Scania cases in the light of the EU Competition Policy and identifies the circumstances involved, final decisions made as well as the suggested remedies and the consequences from the consumers' perspective. The issues considered are per se controversial and these are clear examples of the long path to go through, in order to make the competition law regime uniformly applicable in all member states. The lack of international consensus on competition law and enforcement requires huge efforts in co-operation between countries and organizations, because in combination with economic liberalization, nations have come to recognize competition as a powerful instrument for stimulating innovation and economic growth. This paper focus on the past, i.e., already assessed anticompetitive cases; the present - the current EU Competition Policy rules - and finally on the future of Antitrust jurisdiction, in which part I will briefly describe the major actual concerns in the long course towards a common and homogeneously valid system of International Competition Policy.