Antitrust & Competition Policy Blog

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

A Member of the Law Professor Blogs Network

Monday, January 14, 2013

Article 102 TFEU: How to Claim the Application of Objective Justifications in the Case of prima facie Dominance Abuses?

Posted by D. Daniel Sokol

Tjarda van der Vijver asks Article 102 TFEU: How to Claim the Application of Objective Justifications in the Case of prima facie Dominance Abuses?

ABSTRACT: In principle, the case law allows dominant firms to escape the application of the prohibition expressed in Article 102 TFEU by claiming the application of objective justifications. In that context, daunting questions are what must be established to obtain the application of the justification - and how. This paper focuses on the second question and analyses the allocation of the burden of proof between the applicant and the defendant as well as the applicable standard of proof.

http://lawprofessors.typepad.com/antitrustprof_blog/2013/01/article-102-tfeu-how-to-claim-the-application-of-objective-justifications-in-the-case-of-prima-facie.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef017ee63f0fe2970d

Listed below are links to weblogs that reference Article 102 TFEU: How to Claim the Application of Objective Justifications in the Case of prima facie Dominance Abuses?:

Comments

Post a comment