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Gormsen, Liza Lovdahl - Principled Approach To Abuse Of Dominance In European Competition Law

Principled Approach To Abuse Of Dominance In European Competition Law

By: Gormsen, Liza Lovdahl (Author). Cambridge University Press. Published: 31/03/2010. Audience Guide: Professional & Vocational.
Hardback. Sourced from U.S.A.

Full item details here.

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.

Item Details

ISBN10/13: 0521767148/9780521767149
TITLE: Principled Approach to Abuse of Dominance in European Competition Law, A
CONTRIBUTORS: Gormsen, Liza Lovdahl (Author)
IMPRINT: Cambridge University Press
PUBLISHER: Cambridge University Press
FORMAT: Hardback
PUBLICATION DATE: 31/03/2010
SUBJECT: Law, Society, Other Jurisdictions, International Relations
DIMENSIONS (Width x Height): 152mm x 228mm
PAGES: 250
AUDIENCE GUIDE: Professional & Vocational
CONTENTS:

1. Introduction; 2. Consumer welfare theory, different schools of thought and efficiencies; 3. Objectives; 4. The legitimacy of the consumer welfare goal in Article 82; 5. The role of effects in Article 82; 6. Guidelines; 7. The way forward.