By Liza Lovdahl Gormsen
3 questions encompass the translation and alertness of Article eighty two of the EC Treaty. what's its underlying objective? Is it essential to exhibit real or most likely anticompetitive results out there position while using Article eighty two? and the way can dominant undertakings shield themselves opposed to a discovering of abuse? rather than the standard dialogue of targets, Liza Lovdahl Gormsen questions no matter if the Commission's selected target of shopper welfare is valid. whereas many group legal professionals may comfortably settle for and certainly welcome the target of patron welfare, this isn't supported by means of case legislations. The group Courts don't constantly favour purchaser welfare on the cost of monetary freedom. this is often very important for dominant undertakings' skill to increase efficiencies and for figuring out why the Chicago and post-Chicago tuition arguments can't be injected into Article eighty two.
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Additional info for A Principled Approach to Abuse of Dominance in European Competition Law (Antitrust and Competition Law)
Th is is however contradicted by Director General Lowe, who argues that case law and decisional practice have been influenced by ordoliberalism: P. ’, 27 March 2007, Thirteenth International Conference on Competition and Fourteenth European Competition Day, 2. Eilmansberger, supra note 23; J. Vickers, ‘Abuse of Market Power’ 115 Economic Journal (2005) F244; B. Sher, ‘The Last of the Steam-Powered Trains: Modernising Article 82’ 25(5) European Competition Law Review (2004) 243, arguing that there is no internal consistency of application, and that there is no longer any coherent policy basis for applying Article 82; S.
Producers engaging in such conduct expect to obtain more surplus from consumers than would be possible if competition prevailed, as they shift surplus from consumers to themselves. 1. 21 The consumers who were willing to pay only the competitive price will no longer buy the product. Consumer surplus is no longer maximised for those consumers and not all consumer surplus is turned into producer surplus and there will be deadweight loss where neither consumers nor producers benefit. 22 Productive efficiency is generated when production is improved to produce the same level of output using fewer resources or to produce more valuable output of better quality using the same resources.
Faull and A. Nikpay, The EC Law of Competition (Oxford University Press, 2nd edn, 2007) 6. For example, J. Bain, Barriers to New Competition: Their Character and Consequences in Manufacturing Industries (Harvard University Press, 1956); J. Bain, ‘Relation of Profit Rate to Industry Concentration: American Manufacturing, 1936–40’ 65 Quarterly Journal of Economics (1951) 293. For example, E. Mason, Economic Concentration and the Monopoly Problem (Harvard University Press, 1957). See P. Areeda and D.
A Principled Approach to Abuse of Dominance in European Competition Law (Antitrust and Competition Law) by Liza Lovdahl Gormsen