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Article 82 and Section 2: Abuse and Monopolizing Conduct

Issues of Competition Law and Policy, Vol. 2, p. 871, 2008

Fordham Law Legal Studies Research Paper No. 1301690

24 Pages Posted: 18 Nov 2008  

Barry E. Hawk

Fordham University School of Law

Abstract

Differing historical contexts, such as the greater role of public companies and state-created monopolies in the EU, differing policy considerations such as the EU's traditional embrace of fairness, and differing underlying economic and juridical assumptions about, among others, market erosion and the capability of authorities and courts to identify and remedy anticompetitive conduct, all explain the traditionally broader scope of Article 82 compared with Section 2. However, the EU's increasing acceptance of mainstream economics, welfare analysis and an effects-oriented inquiry, together with the declining influence of the Ordoliberals, should narrow (but not eliminate) the present gap between Section 2 and Article 82.

Suggested Citation

Hawk, Barry E., Article 82 and Section 2: Abuse and Monopolizing Conduct. Issues of Competition Law and Policy, Vol. 2, p. 871, 2008; Fordham Law Legal Studies Research Paper No. 1301690. Available at SSRN: https://ssrn.com/abstract=1301690

Barry E. Hawk (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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