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From Formalism to Effects? – The Commission’s Communication on Enforcement Priorities in Applying Article 82 EC


Nicolas Petit


University of Liege

July 8, 2009

World Competition: Law and Economics Review, Forthcoming

Abstract:     
The purpose of the present article is to offer thoughts on the “Guidance Communication on the Commission’s Enforcement Priorities in Applying Article 82 of the EC Treaty” and, in particular, to review the requirements which the Commission must meet in Article 82 EC cases when it purports to apply the Communication’s economics-oriented, effects-based approach. In addition, this article seeks to assess whether the Communication’s effects-based approach really entails a paradigmatic shift towards increased competition economics, comparable to the (r)evolution that has taken place in other areas of EC antitrust enforcement since the early 2000. It comes to the conclusion that whilst the Communication marks a welcome economic sophistication of the Commission’s Article 82 EC enforcement policy, it nonetheless often fails to go beneath the surface of modern antitrust economics, and thus provide only limited guidance to firms and their counsels.

Number of Pages in PDF File: 19

Keywords: dominance, abuse, European Commission, guidelines, guidance, economics, effects-based approach

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Date posted: September 21, 2009 ; Last revised: November 3, 2009

Suggested Citation

Petit, Nicolas, From Formalism to Effects? – The Commission’s Communication on Enforcement Priorities in Applying Article 82 EC (July 8, 2009). World Competition: Law and Economics Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1476082 or http://dx.doi.org/10.2139/ssrn.1476082

Contact Information

Nicolas Petit (Contact Author)
University of Liege ( email )
B-4000 Liege
Belgium
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