Some Thoughts on Article 82 Jurisprudence – If the Government Always Wins, Should Private Litigants Win As Well?

Kent Bernard, Aug 13, 2009

If you want to know where you are going, it helps to know where you are. As we see the European Commission moving deeper into limiting what allegedly dominant companies can and cannot do, the question arises whether the same rules being applied in cases brought by the Commission should also apply if and when such cases are brought by private parties. To answer this question, we start with the current law under Article 82. We then take a step back to examine the philoso