To Abuse, or not to Abuse: Discrimination between Consumers

European Law Review, Vol. 32, p. 492, 2007

CCP Working Paper No. 06-18

47 Pages Posted: 28 Nov 2006 Last revised: 26 Sep 2008

See all articles by Pinar Akman

Pinar Akman

School of Law, University of Leeds

Date Written: November 1, 2006


This paper questions whether discrimination between consumers by a dominant undertaking can and should constitute an abuse of a dominant position under Article 82EC. By finding that it can, the paper challenges the traditional interpretation of the discrimination ban under that provision, namely that discrimination constitutes abuse only when directed against the intermediate customers of the dominant undertaking. As such, the paper seeks to clarify the scope of Article 82EC as regards discrimination and elaborate on whether discrimination between consumers should be abusive. This is done from a law and economic perspective, in order to put forward a proposal to ensure that competition law does not prohibit discrimination where economics finds it potentially welfare enhancing.

Keywords: discrimination, abuse of dominant position, Article 82 EC Treaty, consumer welfare

JEL Classification: K21

Suggested Citation

Akman, Pinar, To Abuse, or not to Abuse: Discrimination between Consumers (November 1, 2006). CCP Working Paper No. 06-18; CCP Working Paper No. 06-18. Available at SSRN: or

Pinar Akman (Contact Author)

School of Law, University of Leeds ( email )

Leeds, LS2 9JT
United Kingdom

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