Theories of Harm in European Competition Law: A Progress Report

TEN YEARS OF EFFECTS-BASED APPROACH IN EU COMPETITION LAW, Jacques Bourgeois and Denis Waelbroeck, eds., pp. 185-209, Bruylant, 2012

29 Pages Posted: 22 Feb 2012 Last revised: 4 Dec 2012

See all articles by Hans Zenger

Hans Zenger

European Union - Directorate General for Competition

Mike Walker

Charles River Associates, Incorporated

Date Written: February 22, 2012

Abstract

The last ten years have seen an increasing focus from European competition authorities on articulating the theory of harm behind any competition concern. This represents a significant improvement in the enforcement of competition law. The requirement to present a theory of harm imposes a logically consistent approach to the assessment of anti-competitive behaviour. This paper takes stock of changes in the European Commission’s use of theories of harm in competition cases over the past ten years and suggests areas where enforcement could benefit from a more explicit use of theories of harm.

Keywords: European competition law, theory of harm, effects-based approach

Suggested Citation

Zenger, Hans and Walker, Mike, Theories of Harm in European Competition Law: A Progress Report (February 22, 2012). TEN YEARS OF EFFECTS-BASED APPROACH IN EU COMPETITION LAW, Jacques Bourgeois and Denis Waelbroeck, eds., pp. 185-209, Bruylant, 2012. Available at SSRN: https://ssrn.com/abstract=2009296

Hans Zenger (Contact Author)

European Union - Directorate General for Competition ( email )

Place Madou, Madouplein 1
Saint-Josse-ten-Noode/Sint-Joost-ten-Noode
Brussels, B-1049
Belgium

Mike Walker

Charles River Associates, Incorporated ( email )

1201 F. St. NW
Ste. 700
Washington, DC 20004
United States

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