Market Power in Competition Cases

"In what follows there are two main themes. The first is the importance—whether or not a more effects-based policy towards abuse is adopted—of a disciplined economic approach to findings of dominance so that questions of abuse are pursued only when there really is substantial market power. When such questions are pursued, analysis of abuse should be integrated with analysis of dominance. Secondly, unrefined market share calculations continue to have undue sway over the assessment of dominance in EC competition policy. The current review of Article 82 policy is therefore an important opportunity not only to secure a more effects-based approach towards abuse, but also to modernise of the assessment of market power in competition cases."