Remedies in European Antitrust Law
Antitrust Law Journal, Vol. 76, pp. 43-63, 2009
22 Pages Posted: 11 May 2011 Last revised: 23 Sep 2012
Date Written: May 3, 2011
Abstract
This essay explores the scope of the European Commission’s power to impose remedies in cases of abuse of a dominant position under Article 82 of the Treaty establishing the European Community. After introductory remarks regarding the legal basis and objectives of remedies, we delineate the Commission’s powers with respect to remedies. We then turn to give a few examples of past Commission practice, followed by an exploration of how the Commission might render remedies more effective as an enforcement tool, and then address a few issues of procedure.
Keywords: remedies, antitrust remedies, behavioral remedies, structural remedies, Article 82, Article 102, European Commission
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