By Liza Lovdahl Gormsen
3 questions encompass the translation and alertness of Article eighty two of the EC Treaty. what's its underlying goal? Is it essential to exhibit real or most probably anticompetitive results out there position while making use of Article eighty two? and the way can dominant undertakings shield themselves opposed to a discovering of abuse? rather than the standard dialogue of pursuits, Liza Lovdahl Gormsen questions no matter if the Commission's selected aim of patron welfare is valid. whereas many group attorneys could comfortably settle for and certainly welcome the target of patron welfare, this isn't supported by way of case legislations. The neighborhood Courts don't continually favour shopper welfare on the rate of financial freedom. this can be vital for dominant undertakings' skill to improve efficiencies and for realizing why the Chicago and post-Chicago university arguments can't be injected into Article eighty two.
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Extra resources for A Principled Approach to Abuse of Dominance in European Competition Law (Antitrust and Competition Law)
Rich people are more willing/able to pay a higher price than poor people. Bork, supra note 5, 91. 25 Bishop and Walker, supra note 9, 20. See L. Pepall, D. Richards and G. Norman, Industrial Organization: Contemporary Theory and Practice (Cincinnati, OH: South Western, 1999) 236 ff. 1 Illustration of allocative inefficiency and deadweight loss transparent. This means that although the firm may lower its average cost of production and earn ‘supernormal profit’27 in the short term, in the long term the firm will earn ‘normal profit’, because other firms will copy the new production method.
Fox, ‘What is Harm to Competition? Exclusionary Practices and Anticompetitive Effect’ 70 Antitrust Law Journal (2002) 371, 382; this is also supported by Advocate General Kokott, supra note 49, para. 68, where she says that ‘where competition as such is damaged, disadvantages for consumers are also to be feared’. M. Siragusa, The Application of Art. 86: Tying Agreements, Refusal to Deal, Discrimination and Other Cases of Abuse (Bruges, 1974); E. J. Mestmäcker, ‘Die Beurteilung von Unternehmenszusammenschlüssen nach Artikel 86 des EWG-Vertrags’ in Festschrift für Walter Hallstein zu seinem 60: Probleme des Europäischen Rechts (Frankfurt am Main: Klostermann, 1966); V.
See P. Areeda and D. Turner, ‘Predatory Pricing and Practices under Section 2 of the Sherman Act’ 88 Harvard Law Review (1975) 697. Kovacic refers to the ‘Chicago/Harvard Double Helix’, W. Kovacic, ‘The Intellectual DNA of Modern US Competition Law for Dominant Firm Conduct: The Chicago/Harvard Double Helix’ Columbia Business Law Review (2007) 1. 49 The Harvard structural School did not believe in one single goal of economic efficiency for antitrust. 50 It did not aim to protect economic efficiency, but rather to restrict the growth of large firms.