| Author (Corporate) | Competition Law Forum: Article 82 Review Group |
|---|---|
| Publisher | Taylor & Francis |
| Series Title | European Competition Journal |
| Series Details | Volume 2, Number 1, Pages 169-175 |
| Publication Date | January 2006 |
| ISSN | 1744-1056 |
| Content Type | Journal Article |
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Introduction: "The Competition Law Forum (CFL) congratulates DG-Competition on its Discussion Paper on the Application of Article 82 of the Treaty to Exclusionary Abuses and for its recognition that “the objective of Article 82 is the protection of competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources”. "The CLF urges the European Commission to issue Guidelines on abuse of dominance. Our comments relate to these three themes:
A. The need for Guidelines.
B. The assessment of abuse.
C. The relevance of dominance.
In essence:
. Guidelines are needed to ensure that Article 82 is applied and enforced throughout Europe to the modernised standard of preventing likely consumer welfare harm.
. Throughout such Guidelines the analysis of abusive conduct should be based on a consistent story of economic harm to consumer welfare.
. In order to improve predictability, efficiency, and effective enforcement, we recommend the use of safe harbours for firms that are not dominant, and conduct that is not abusive, rather than presumptions of dominance and abuse."
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| Source Link | Link to Main Source https://doi.org/10.5235/ecj.v2n1.169 |
| Subject Categories | Internal Markets |
| Subject Tags | Competition Law | Policy, Consumer Rights | Protection |
| Keywords | Antitrust | Cartels | Dominant Position | Market Abuse |
