Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

A Member of the Law Professor Blogs Network

Friday, February 13, 2009

Some Critical Comments on the Commission's Guidance Paper on Art. 82 EC

Posted by D. Daniel Sokol

Yannis Katsoulacos (Athens University of Economics and Business) makes Some Critical Comments on the Commission's Guidance Paper on Art. 82 EC.

ABSTRACT: The Paper, which was preceded by the 2005 DG-COMP Staff Discussion Paper ("DP") on reforming decisional procedures for Art. 82 EC exclusionary conduct by dominant firms, was particularly needed as the DP, along with a number of recent (sometimes controversial) decisions, had established the Commission’s intention to apply an economics- or effects-based approach to its assessment. But, up to now, there have not been any clear formal guidelines concerning the Commission’s exact objectives and the legal standards to be applied in enforcement.

The fact that the Paper “outlines a general framework that the Commission will apply to assess… allegedly abusive conduct” under A rt. 82 EC is, in principle, very welcome. However, a number of important shortcomings severely limit, in our view, the potential value of the Paper.

http://lawprofessors.typepad.com/antitrustprof_blog/2009/02/some-critical-c.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef01053723b1ca970b

Listed below are links to weblogs that reference Some Critical Comments on the Commission's Guidance Paper on Art. 82 EC:

Comments

Post a comment