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'Consumer Welfare' and Article 82EC: Practice and Rhetoric

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  • Pinar Akman

    ()
    (Centre for Competition Policy and Norwich Law School, University of East Anglia)

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    Abstract

    This paper questions whether the objective of Article 82EC is indeed enhancing ‘consumer welfare’ as suggested by the EC Commission when one examines the application of the provision thus far. It critically analyses the case law of the EC Commission and Courts to show that there is great dissonance between the practice and the policy declarations on the provision. When one considers the practice alongside the rhetoric, Article 82EC appears as a provision enforced without a clear standard of harm leading to doubts about the legitimacy of enforcement. The article suggests that without a properly defined standard applied in actual decisions by the EC Commission and upheld by the EC Courts, the modernisation of Article 82EC cannot succeed.

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    File URL: http://www.ccp.uea.ac.uk/publicfiles/workingpapers/CCP08-25.pdf
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    Bibliographic Info

    Paper provided by Centre for Competition Policy, University of East Anglia in its series Working Papers with number 08-25.

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    Length: 26 pages
    Date of creation: Jul 2008
    Date of revision:
    Handle: RePEc:ccp:wpaper:wp08-25

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    Keywords: Article 82EC; consumer welfare; restriction of competition; abuse of a dominant position; enforcement;

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