The reform of Article 82: recommendations on key policy objectives

Introduction:

"We begin by reviewing the historical rationale for the application of the ordoliberal approach to competition policy in relation to abuse of dominance under Article 82. We then submit that there is a real need to construct and adopt a modernised approach to the application of Article 82, based on economic effects, in order to:

.fulfil the aim of the Community competition rules, namely ensuring that competition in the market takes place on the merits as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources;

.align the application of Article 82 with current economic thinking, and with the modernised application of other provisions of European competition law—most notably Article 81 and the Merger Control Regulation; and