Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?
As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the
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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? 1 23
Max Planck Institute for Intellectual Property, Competition and Tax Law
MPI Studies on Intellectual Property, Competition and Tax Law Volume 5
Edited by Josef Drexl Reto M. Hilty Wolfgang Schön Joseph Straus
Mark-Oliver Mackenrodt Stefan Enchelmaier
•
Beatriz Conde Gallego
(Editors)
Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?
Mark-Oliver Mackenrodt Dr. iur. Beatriz Conde Gallego Professor Dr. iur. Stefan Enchelmaier Max Planck Institute for Intellectual Property, Competition and Tax Law Marstallplatz 1 80539 Munich Germany [email protected] [email protected] [email protected]
ISBN 978-3-540-69958-3
e-ISBN 978-3-540-69965-1
DOI 10.1007/978-3-540-69965-1 Library of Congress Control Number: 2008932560 © 2008 Springer-Verlag Berlin Heidelberg
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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?
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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? European competition law is currently undergoing major changes as since the mid1990s, the European Commission subscribes to a more economic approach to the interpretation and application of Articles 81 and 82 EC. Following the wholesale reform of the block exemptions under Article 81 EC, the Commission has now turned to reconsidering its practice on Article 82 EC. In December 2005, the Commission published a Discussion Paper on the application of Article 82 EC. In this, the Commission lays out a general framework for analysing abusive exclusionary conduct by a dominant undertaking. Almost simultaneously, the Commission launched a public consultation on enhancing private enforcement of EC competition law. In its Green Paper of 2005 and in its recently published White Paper, the Commission proposes policy choices and specific measures to ensure that victims of infringements of EC competition law are fully compensated for the harm they have suffered. Although the proposed reforms have attracted a good measure of attention from competition law scholars and pra
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