In this issue:
More on the HMT
Reply to Coate & Fischer’s response to the author’s original article in which he argues that a style of critical loss calculation, termed “CLAD”, does not properly implement the hypothetical monopolist test for market delineation and is often highly misleading.
Will There Be Article 82 Guidelines & Implications
Since reforms of the European competition system began in the 1990s, practitioners have insisted on the European Commission giving guidelines on how to interpret one of the most obscure provisions of the EC Treaty: the prohibition of abuses of dominant positions. Today, the debate on the interpretation of dominant abuses continues and will hopefully result in guidelines.
The question that is the title of this article is very topical as the five-year anniversary of the initiation of the Commission’s June 2003 internal policy review of Article 82 EC approaches. The answer to the question is currently unknown at least to this author. This short contribution does not predict the future, but presents an educated guess.
In spite of the si