Article 102 TFEU and Efficiency Pleas: a “Fact-Check”

Kadar, Massimiliano

Article 102 TFEU and Efficiency Pleas: a “Fact-Check”

The original version of this article was published in Richard Whish QC (Hon) Liber Amicorum, ‘Taking Competition Law Outside the Box’, edited by Nicolas Charbit and Sonia Ahmad, Institute of Competition Law (2020)

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Massimiliano Kadar

European Commission - Directorate General for Competition; King's College London

Date Written: August 26, 2020

Abstract

This paper provides a reasoned “fact-check” on some of the recurring criticisms concerning the European Commission’s handling of efficiency claims under Article 102 TFEU, which are brought forward in practitioner and academic circles, formally and informally, for instance in the context of blog posts, conferences and seminars. It supports the conclusion that, in the course of its enforcement action, the Commission takes seriously efficiency arguments advanced by dominant undertakings and that its approach is fully in line with the case law on Article 102 TFEU.

Keywords: Article 102 TFEU, efficiencies, European Union, European Commission, antitrust, competition law, burden of proof, enforcement

Suggested Citation: Suggested Citation

Kadar, Massimiliano, Article 102 TFEU and Efficiency Pleas: a “Fact-Check” (August 26, 2020). The original version of this article was published in Richard Whish QC (Hon) Liber Amicorum, ‘Taking Competition Law Outside the Box’, edited by Nicolas Charbit and Sonia Ahmad, Institute of Competition Law (2020), Available at SSRN: https://ssrn.com/abstract=