Methodological Issues of the “More Economic Approach” to Unilateral Exclusionary Conduct. Proposal of Analysis Starting from the Treatment of Retroactive Rebates

Introduction:

"Several arguments advanced by authors who have energetically denounced a substantial lack of economic analysis in the European Courts’ precedent on retroactive rebates seem to assume that there exists no dispute as to which set of economic theories should remodel the application of Article 82 EC vis-à-vis exclusionary conduct. Similarly, the extension to which economic insights should be employed does not appear a primary issue. This work aims to show that relevant aspects of the “more economic approach”, called to orientate the internal review process that the abuse doctrine is undergoing, are far from being uncontroversial."