The ECJ Advocate General Mengozzi issues an opinion on price discrimination and exclusionary abuses of dominance in the bulk mail industry (Post Danmark)

Price discrimination and exclusionary abuses of dominance: A call for effects-based enforcement* It is often said, with good statistical records, that opinions of the Advocate Generals are to a large extent endorsed by the European Court of Justice (“ECJ”). If so, the opinion recently handed down by AG Mengozzi on May 24, 2011 – if and once ultimately upheld by the ECJ – would represent a fundamental step in the (r)evolution of EU antitrust law on abusive exclusionary conducts. As a matter of fact, AG Mengozzi tackles the highly debated (and actually seldom addressed) issue of the standard according to which selective prices applied by dominant companies may be said to run afoul Art. 102. Unfortunately not yet available in English, the opinion has been probably misperceived by some of

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Stefano Grassani, The ECJ Advocate General Mengozzi issues an opinion on price discrimination and exclusionary abuses of dominance in the bulk mail industry (Post Danmark), 24 May 2011, e-Competitions Bulletin May 2011, Art. N° 36730

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