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
Date Written: February 22, 2012
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
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