Friday, March 30, 2012
Posted by D. Daniel Sokol
Romano Subiotto (Cleary) and David R. Little (Cleary) discuss The Application of Article 102 TFEU by the European Commission and the European Courts.
ABSTRACT: During the period under consideration, the Commission closed a number of Article 102 TFEU investigations without further action—other enforcement areas, such as mergers, State aid and cartels, appear to have taken precedence. The European Courts have led the development of Article 102 TFEU case law during this period, ruling on four cases in liberalised sectors (postal services, telecommunications) and examining a range of abusive practices, including selective price cuts, margin squeeze and refusal to deal. Other cases have focused largely on procedural matters, such as the ability of national competition authorities to adopt decisions finding that Article 102 TFEU has not been infringed, and the procedural rights of companies during Commission investigations.