Thursday, July 25, 2013
New Perspectives on Misuse of Market Power: How Should the Effects-Based Approach Complement the Existing Normative Solution?
Posted by D. Daniel Sokol
Erdem Buyuksagis, University of Fribourg offers New Perspectives on Misuse of Market Power: How Should the Effects-Based Approach Complement the Existing Normative Solution?
ABSTRACT: This article delivers an analysis of the EU Commission’s new competition policy regime, with specific consideration given to abuse of dominant position cases. Given that the new regime based on the effects-based approach makes provision for a shift from the protection of competition towards the protection of consumers, the article forecasts its eventual implementation into European national laws (e.g. Swiss law) as well as its eventual outcome on consumer welfare. It concludes by highlighting the need for the new regime to be complemented by structural and procedural mechanisms in order to contribute to a more efficient competition law enforcement.