Wandering in the Land of the EU Abuse of Rights. Coordinates from the Antitrust Experience?

17 Pages Posted: 6 Jun 2015

See all articles by Mariateresa Maggiolino

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies; Ask Research Center

Maria Lillà Montagnani

Bocconi University - Department of Law; Ask Research Center; New York University School of Law

Date Written: June 5, 2015

Abstract

Recently, the abuse of right principle has found its way in the EU law. The paper retraces and discusses the relevant case law on the matter to remark how the boundaries of this principle are still blurred. Then, the paper focuses on the EU antitrust case law that, instead, offers a very neat test to detect the cases where dominant firms abuse of their rights. Thus, the paper tries to build a bridge between the two experiences to better define the abuse of right principle.

Keywords: abuse of right, abuse of dominant position

JEL Classification: K10, K21

Suggested Citation

Maggiolino, Mariateresa and Montagnani, Maria Lillà, Wandering in the Land of the EU Abuse of Rights. Coordinates from the Antitrust Experience? (June 5, 2015). Bocconi Legal Studies Research Paper No. 2615032, Available at SSRN: https://ssrn.com/abstract=2615032 or http://dx.doi.org/10.2139/ssrn.2615032

Mariateresa Maggiolino (Contact Author)

Bocconi University - Department of Legal Studies ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Ask Research Center ( email )

via Roentgen 1
Milan, 20136
Italy

Maria Lillà Montagnani

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Ask Research Center ( email )

via Roentgen 1
Milan, 20136
Italy

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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