Trends : ARTICLE 82 EC - REFORM - ECONOMIC ANALYSIS

Towards a new Article 82 EC?

Former Commissioner Mario Monti announced at the Fordham Annual Conference on International Antitrust Law and Policy in October 2003 that the Commission would conduct a re-examination of the law and practice of Article 82. Since then a huge amount of intellectual energy has been spent - both within the Commission and in the competition law community generally - in rethinking Article 82 EC and we are now anxiously awaiting the publication of the Commission’s Consultation Paper and Draft Guidelines. It is an opportune moment to reflect on what they may contain, and whether they might prove to be as radical as the other measures referred to above.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. LIMITATIONS OF THE CURRENT APPROACH TO ABUSE OF DOMINANCE: SOME REFLECTIONS Anne Wachsmann, Édouard Sarrazin Counsel to the Court European competition law is on the move, that is obvious. The various texts that make up its organisation are, one after the other, the subject of the attention of the European Commission (the "Commission"). Some of them have been reformed: the former Merger Regulation No. 4064/89 was thus recast in 2004 with the entry into force of the new Regulation No. 139/2004. Others see their conditions of application modified, in a commendable effort of clarification and synthesis led by the Commission, through guidelines that synthesize

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Authors

  • Linklaters (Paris)
  • European Commission (Brussels)
  • University of East Anglia (Norwich)
  • DLA Piper (Paris)
  • DG COMP (Brussels)
  • King’s College (London)

Quotation

Anne Wachsmann, Emil Paulis, Damien Geradin, Edouard Sarrazin, Rita Wezenbeek, Richard Whish, Towards a new Article 82 EC?, December 2005, Concurrences N° 4-2005, Art. N° 544, pp. 10-19

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