New Perspectives on Misuse of Market Power: How Should the Effects-Based Approach Complement the Existing Normative Solution?

21 Pages Posted: 9 Jun 2013 Last revised: 3 Jul 2013

Erdem Büyüksagis

Baur Hürlimann AG

Date Written: June 7, 2013

Abstract

This article delivers an analysis of the EU Commission’s new competition policy regime, with specific consideration given to abuse of dominant position cases. Given that the new regime based on the effects-based approach makes provision for a shift from the protection of competition towards the protection of consumers, the article forecasts its eventual implementation into European national laws (e.g. Swiss law) as well as its eventual outcome on consumer welfare. It concludes by highlighting the need for the new regime to be complemented by structural and procedural mechanisms in order to contribute to a more efficient competition law enforcement.

Keywords: comparative competition law, abuse of dominant position, 102 TFEU, protection of competition, protection of consumers, effects-based approach, competition law enforcement, access to justice, class action lawsuits, passing-on defense, Swiss competition law, Federal Act on Unfair Competition

JEL Classification: K21, K41, K42

Suggested Citation

Büyüksagis, Erdem, New Perspectives on Misuse of Market Power: How Should the Effects-Based Approach Complement the Existing Normative Solution? (June 7, 2013). Swiss Review of Business Law, Vol. 85, No. 1, 2013. Available at SSRN: https://ssrn.com/abstract=2275882

Erdem Büyüksagis (Contact Author)

Baur Hürlimann AG ( email )

Bahnhofplatz 9
Zurich 8021
Switzerland

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