The Law on Abuses of Dominance and the System of Judicial Remedies

Summary:

This article examines whether, and to what extent, the actual and perceived substantive differences between Articles 101 and 102 TFEU can be attributed to the imperfect nature of the EU system of judicial remedies.

The article contains an analysis of competition cases since the 1960s which suggests that the procedural avenue through which a particular case is brought before EU courts has a decisive impact on the manner in which the substance of the provisions is shaped. Put differently, the nature of the proceedings seems to influence the behaviour of EU courts, which by extension influences, over time, the evolution of the law.