Download European Competition Law Annual, 2003: What Is an Abuse of a by Claus-Dieter Ehlermann, Isabela Atanasiu PDF

By Claus-Dieter Ehlermann, Isabela Atanasiu

The eu festival legislations Annual 2003 is the 7th in a sequence of volumes following the yearly workshops on ecu pageant legislation and coverage held on the Robert Schuman Centre of the eu collage in Florence. the amount reproduces the fabrics of the roundtable debate that happened on the 7th workshop and is devoted to the query "What is an abuse of a dominant position?" It comprises the standard mixture of professional dialogue and professional papers awarded by way of the contributors at this annual accumulating of the EU's best specialists on pageant legislation.

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Additional resources for European Competition Law Annual, 2003: What Is an Abuse of a Dominant Position? (European Competition Law Annual)

Sample text

When I say that we (the Commission) intend to achieve substantial progress over the next few months with several of our pending investigations concerning Article 82 EC, this is related to one of the main objectives of the modernisation project, which is a more efficient use of enforcement resources. In this sense, the pursuit of important Article 82 EC cases will benefit from the redeployment of enforcement resources resulting from the modernisation project. In the new enforcement system, more guidance will be needed on the application of Article 82 EC.

In more recent cases, our reasoning has become more fully developed. However, as an enforcement authority, the Commission has to find a difficult balance between a case-by-case approach and a certain number of rules which clearly indicate limits that must not be crossed, so as to maintain the deterrent effect of the competition rules. Let me also add that I believe that the creation of the Court of First Instance in 1999 contributed substantially to this evolution. Both the economic and legal aspects of the Commission’s decisions are now subject to intense judicial scrutiny, which gives us a clear incentive for deep analysis.

7 8 9 10 11 12 13 14 15 16 OJ L 140 [1973]. OJ L 223 [1976]. OJ L 152 [1991]. OJ L 152 [1991]. OJ C 321 [1992]. OJ L 125 [2001] OJ L 353 [1981]. OJ L 258 [1997]. OJ L 30 [2000]. OJ L 143 [2002]. (A) Ehlermann Prelims xxxiv 20/2/06 10:12 Page xxxiv Introduction For Robert O’Donoghue, the law on predatory pricing that follows the Areeda & Turner test developed in the 1970s17 seems reasonable. The author notes however that there are several cases under EC and the national competition laws of the Member States that have treated pricing above average variable cost (and even pricing above average total costs) as exclusionary on the basis of selective pricing targeted at rivals and circumstantial evidence of intent to injure competitors.

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