The EU Control of Unfair Competition Practices: The Interpretation of Unfair Pricing

in The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU (Nomos, Baden-Baden, 2011) 346.

30 Pages Posted: 25 Feb 2012 Last revised: 7 Apr 2017

Anca D. Chirita

Durham University, Durham Law School

Date Written: April 17, 2011

Abstract

This final chapter addresses primarily the question of what constitutes an unfair price or other trading conditions.

A historical interpretation of Article 102 TFEU challenges the idea that recognition of unfairness is a distinctive feature of EU unfair competition law. This interpretation also receives support from the dynamics of the Treaty and the harmonisation of unfair competition acts and intellectual property rights.

The analysis of certain provisions shows that the terms 'prejudice to the consumers,' 'unfair' and 'competitive disadvantage' gain particular relevance in the light of public policy before the courts.

The meaning of 'undistorted' competition within the approximation of laws gradually loses its relevance in favour of an established Union case law on unfair competition and hybrid enforcement outcomes may arise where particular aspects of protected rights fall under the ambit of unfair competition acts and of EU competition law. It is critical when the latter leaves unfairness as 'exceptional circumstances' of intellectual property rights that are insufficiently substantiated before the courts as unfair competition acts.

Therefore, a legislative proposal for an EU Control Regulation of such unfair competition acts aims to ensure legal certainty and predictability and to enforce the balance of fair versus unfair competition practices.

The chapter concludes with the detailed reasons for drafting such a regulation.

Keywords: EU competition law, unfair pricing, Article 102 TFEU

Suggested Citation

Chirita, Anca D., The EU Control of Unfair Competition Practices: The Interpretation of Unfair Pricing (April 17, 2011). in The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU (Nomos, Baden-Baden, 2011) 346.. Available at SSRN: https://ssrn.com/abstract=2010815

Anca D. Chirita (Contact Author)

Durham University, Durham Law School ( email )

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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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