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A Principled Approach to Abuse of Dominance in European Competition Law

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A Principled Approach to Abuse of Dominance in European Competition Law by Liza Lovdahl Gormsen
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Description

Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse? Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission's chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law. The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings' ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82.

Author Biography

Liza Lovdahl Gormsen teaches EU and UK competition law at London School of Economics and Political Science. She is also a visiting lecturer at Durham University.
Release date Australia
March 4th, 2010
Country of Publication
United Kingdom
Imprint
Cambridge University Press
Pages
226
Dimensions
152x228x15
ISBN-13
9780521767149
Product ID
3864171

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