Abuse of a Dominant Position: A Post-Intel Calm?

By Giorgio Monti – 

While the Intel judgment might be a watershed moment for the ECJ’s interpretation of Article 102 TFEU, there may be risks that this development is countered by two trends: first, a concern by some competition agencies that a more aggressive approach is required to counter firms with exorbitant market power; second, a retreat to formalism by competition agencies who find the effects-based approach too problematic to implement. Moreover, for a proper integration of an effects-based approach, agencies focusing on prohibiting likely anticompetitive effects could develop improved approaches to the design of remedies and the measurement of fines.

Click here for the full article.

RECOMMENDED FOR YOU
 


More Articles More Articles More Articles