The Reform of Article 82: Comments on the DG-Competition Discussion Paper on the Application of Article 82 to Exclusionary Abuses

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Series Details Volume 2, Number 1, Pages 169-175
Publication Date January 2006
ISSN 1744-1056
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Introduction:

"The Competition Law Forum (CFL) congratulates DG-Competition on its Discussion Paper on the Application of Article 82 of the Treaty to Exclusionary Abuses and for its recognition that “the objective of Article 82 is the protection of competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources”.

"The CLF urges the European Commission to issue Guidelines on abuse of dominance. Our comments relate to these three themes:
A. The need for Guidelines.
B. The assessment of abuse.
C. The relevance of dominance.
In essence:
. Guidelines are needed to ensure that Article 82 is applied and enforced throughout Europe to the modernised standard of preventing likely consumer welfare harm.
. Throughout such Guidelines the analysis of abusive conduct should be based on a consistent story of economic harm to consumer welfare.
. In order to improve predictability, efficiency, and effective enforcement, we recommend the use of safe harbours for firms that are not dominant, and conduct that is not abusive, rather than presumptions of dominance and abuse."
Source Link https://doi.org/10.5235/ecj.v2n1.169
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