Monday, November 16, 2020

Article 102 TFEU and Efficiency Pleas: a 'Fact-Check'

Article 102 TFEU and Efficiency Pleas: a 'Fact-Check'

Massimiliano Kadar

European Commission - Directorate General for Competition; King's College London


This paper provides a reasoned “fact-check” on some of the recurring criticisms concerning the European Commission’s handling of efficiency claims under Article 102 TFEU, which are brought forward in practitioner and academic circles, formally and informally, for instance in the context of blog posts, conferences and seminars. It supports the conclusion that, in the course of its enforcement action, the Commission takes seriously efficiency arguments advanced by dominant undertakings and that its approach is fully in line with the case law on Article 102 TFEU.

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