The EC Commission's Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany?

European Competition Journal, Vol. 5, No. 3, pp. 677-700, 2009

24 Pages Posted: 18 Dec 2010 Last revised: 23 Dec 2014

Date Written: December 1, 2009

Abstract

This article aims to introduce the Guidance Paper's key features in applying Article 82 EC to abusive exclusionary conduct by dominant undertakings. It will therefore examine the concepts of consumer welfare, anticompetitive foreclosure, consumer harm, the efficiency-based defence and balancing test, and some issues that apply to predation and tying. It will also discuss how the Guidance Paper could be perceived from the perspective of German competition law and policy and what kind of transitional regime might be required for the effective implementation of its major analytical concepts. The central issue is therefore to answer the simple questions of how efficient it really is to reform Article 82 by means of a soft-law instrument, and whether the GP presents an efficient means of compliance for Germany.

Keywords: EC Commission's Guidance Paper on ex Article 82 EC now 102 TFEU, German competition law

Suggested Citation

Chirita, Anca D., The EC Commission's Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany? (December 1, 2009). European Competition Journal, Vol. 5, No. 3, pp. 677-700, 2009. Available at SSRN: https://ssrn.com/abstract=1726363

Anca D. Chirita (Contact Author)

Durham University - Law School ( email )

Stockton Road
The Palatine Centre
Durham, County Durham DH1 3LE
United Kingdom
00441913342860 (Phone)
0044191 33 42801 (Fax)

HOME PAGE: http://www.dur.ac.uk/law/staff/?id=9664

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