Tuesday, February 2, 2010
Posted by D. Daniel Sokol
Giorgio Monti (LSE - Law), asks,Article 82 EC: What Future for the Effects-Based Approach?
This article provides a critical review of the Guidance on he Commission's Enforcement Priorities in Applying Article 82 to abusive exclusionary conduct. The author explores the significance of this document for the future application of Article 82. The article also examines the relationship between the Commission's new approach and the case law of the European Court of Justice, suggesting how the Court might respond to the approach canvassed in the Guidance Paper.