Abuse of Dominant Position: New Interpretation, New by Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz

By Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier (eds.)

As a part of its evaluate of pageant legislation that all started within the past due Nineteen Nineties, the ecu fee proposes to revise its interpretation and alertness of the Treaty’s prohibition of abuses of dominant positions. additionally, it has instigated a debate concerning the promoting of personal enforcement of EC pageant legislations. at the former topic, the fee released a dialogue Paper in 2005; at the latter, a eco-friendly Paper in 2005, through a White Paper in 2008.

The chapters during this quantity significantly appraise the Commission’s proposals, together with the newest ones. The authors additionally spotlight the repercussions of the proposed ‘more fiscal strategy’ to abuses of dominant positions on inner most litigants’ possibilities to convey damages activities in nationwide courts for such abuses.

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4 Consumer welfare and the exclusion paradox . . . . . . . . . . . . . . . . . . . . . . . . 52 8 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 1 Introduction As the old millennium was coming to an end, European Competition law began a massive reform project aimed at modernizing each and every of its constituent parts. As well known, this ambitious project started with the introduction of Regulation n.

S. 377 (1956) where the Supreme Court wrongly defined the relevant market measuring cross-elasticity of demand from the monopolistic price set by du Pont. Indeed, the Court did not realize that because du Pont was already exercising its market power, the price the Court took into account to measure cross-elasticity of demand was not the competitive price. Clearly, the higher the benchmark price, the greater will be the degree of cross-elasticity of demand: this, in turn, will lead to a broader market definition and, consequently, will lessen the chances that the firm will be found dominant.

27 4 Getting rid of dominance? The long path from dominance to substantial market power . . . . . . . . . . 1 From dominance to substantial market power . . . . . . . . . . . . . . . . . . . . . . . . 1 Market power in economic terms . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Substantial market power and the link with consumer welfare . . . . . . . . . . . . . . . . . . 1 Antitrust as a “consumer welfare prescription” .

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