Are Anti-Competitive Effects Necessary for an Analysis under Article 102 TFEU?

23 Pages Posted: 25 Feb 2014

See all articles by Liza Lovdahl Gormsen

Liza Lovdahl Gormsen

British Institute of International and Comparative Law

Date Written: June 26, 2013

Abstract

This article deals specifically with the different effects-based approaches that have been taken to Article 102 prior to and after the European Commission’s change of policy in this area of law. Studying this topic now is particularly important for three main reasons. First, Article 102 has recently been subject to a major policy review which generated much debate as to whether the Commission is required to show effects. Secondly, there have recently been some highly significant examples of the Court of Justice both supporting and rejecting the new effects-based approach to Article 102. Finally, the outcome of recent case law has some widespread implications for enforcement policy.

Suggested Citation

Lovdahl Gormsen, Liza, Are Anti-Competitive Effects Necessary for an Analysis under Article 102 TFEU? (June 26, 2013). Available at SSRN: https://ssrn.com/abstract=2400371 or http://dx.doi.org/10.2139/ssrn.2400371

Liza Lovdahl Gormsen (Contact Author)

British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
641
Abstract Views
2,248
Rank
76,230
PlumX Metrics