The Conflict Between Economic Freedom and Consumer Welfare in the Modernisation of Article 82 EC

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Series Details Volume 3, Number 2, Pages 329-344
Publication Date June 2008
ISSN 1744-1056
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Introduction:

"The Bundeskartellamt has argued that “the economic freedom model is based on the belief that in the long run both goals [economic freedom and consumer welfare] are not in conflict as safeguarding of a vivid competition process will enhance consumer welfare.” According to the Bundeskartellamt, there is no conflict as both aim at safeguarding a vivid competition process that will enhance consumer welfare. This article does not disagree that both objectives are aiming at protecting a vivid competition process to some extent, or that consumer welfare may be enhanced if the competitive process is protected; but it does argue that the reasons for protecting the competitive process are very different."
"This article does not examine which of the two objectives the European Commission or Community Courts (the European Court of Justice (ECJ) and the Court of First Instance (CFI)) should pursue, or whether consumer welfare is the right objective to pursue. It is limited to examining whether the Bundeskartellamt is right in arguing that consumer welfare and economic freedom are not in conflict."
Source Link https://doi.org/10.5235/ecj.v3n2.329
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