A Commentary on DG Competition’s Discussion Paper

Bill Allan, Apr 01, 2006

DG Competition’s discussion paper appears to signal a departure from the form-based approach articulated most strongly in Michelin II. However, its full significance is limited by the enunciation of a precautionary principle under which abuse is framed to capture any conduct likely to limit entry or expansion and justification is limited to the narrowest plausible extent. While that approach reflects a concern to prevent the erection of artificial entry barriers, it results in rules that undervalue existing competition. That risk is compounded by a narrow approach to market definition and dominance. These problems will only be avoided if the European Commission fully embraces a standard based on a determination that the disputed conduct substantially lessens effective competition in a way that can effectively be remedied by intervention under Article 82 of the EC Treaty.

Links to Full Content

ACCESS TO THIS ARTICLE IS RESTRICTED TO SUBSCRIBERS

Please sign in or join us
to access premium content!