Source: European Competition Journal, Special Supplement, July 2006 , pp. 211-227(17)

Publisher: Hart Publishing

Abstract:

This paper seeks to contribute to a more refined debate about the reform of Article 82 EC by describing two different approaches to the application of Article 82: the consumer welfare approach and ordoliberal economic freedom approach. The paper is based on discussions held between representatives of the Competition Law Forum and the Bundeskartellamt. Despite representing different approaches, there was broad agreement on some issues. For example, both sides agreed that a per se approach to Article 82 was inappropriate and endorsed the use of economic evidence and analysis. Both also agreed that in applying Article 82, actual harm did not need to be proven: both are satisfied with evidence of likely harm. The remaining, and fundamental, difference concerns the type of harm that should be prevented. The consumer welfare approach focuses on likely harm to consumers; the economic freedom approach focuses on likely harm to the structure of the market. This paper examines the differences between these approaches, provides examples from case law and discusses some ramifications for enforcement.

Keywords: Article 82; Competition Law Forum; Bundeskartellamt; BKartA; Executive Summary of the Roundtable Discussion on; Article 82 of the Treaty to Exclusionary Abuses; Deutsche Lufthansa AG (DLH)

Document Type: Research article

DOI: http://dx.doi.org/10.5235/ecj.v2n1s.211

Publication date: 2006-07-01

More about this publication?

• This scholarly, peer-reviewed publication of original articles and analysis of current developments in competition law is designed to complement and augment the existing literature with a special focus on European developments. Topics include:
  

  • Vertical and Conglomerate Mergers
  • Enlargement of the Union - the ramifications for Competition Policy
  • Unilateral and Coordinated Effects in Merger Control
  • Modernisation of European Competition law
  • Cartels and Leniency
  • Article 82- restatement or evolution?
• Editorial Board
• Information for Authors
• Subscribe to this Title
• Information for Advertisers
• Sample Paper
• Email alerts (Hart books and journals)
• ingentaconnect is not responsible for the content or availability of external websites

Related content

• In this: publication
• By this: publisher
• In this Subject: Business ,  Economics ,  Law

Website © Publishing Technology. Article copyright remains with the publisher, society or author(s) as specified within the article.

• Terms and conditions
• Privacy policy
• Information for advertisers