Mario Monti’s Legacy for Competition Policy in Article 82

Claus-Dieter Ehlermann, John Ratliff, Apr 01, 2005 Commissioner Mario Monti’s impact on Article 82 of the EC Treaty during his period as EC Competition Commissioner has not been as revolutionary as his impact on other areas of EC competition law. Nonetheless, the European Commission has done serious work on Article 82 cases, notably taking several […]

Judicial Review in EC and U.S. Antitrust Law

Valentine Korah, Sep 01, 2005 The first two articles of this issue are based on presentations for the inaugural edition of the University College London Antitrust Forum held on March 3, 2005. Sir Christopher Bellamy, President of the U.K. Competition Appeal Tribunal, chaired the event. Bo Vesterdorf, President of the European Court of First Instance […]

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 […]

The Article 82 Review Process and Its Impact on Compulsory Licensing of IP Rights

Alicia Van Cauwelaert, Apr 01, 2006 This paper reviews the position put forward by the Commission in relation to the concept of an exclusionary abuse, the meaning of dominance, and the use of an efficiency defense. In particular, the paper looks at refusal to supply cases involving IP rights and the impact the Article 82 […]

Impala v. Commission (Sony/BMG)

This article is part of a Chronicle. See more from this Chronicle Kyriakos Fountoukakos, Nov 03, 2006 On July 13, 2006, the Court of First Instance (CFI) annulled the European Commission’s 2004 decision authorizing the creation of SonyBMG, a joint venture between Bertelsmann and Sony, merging their global recorded music activities. In general, the CFI […]

EU State Measures against Foreign Takeovers: “Economic Patriotism” in All but Name

Nelson Jung, Alex Nourry, Nov 01, 2006 This article examines the compatibility of special rights and other state measures with the EC´s single market objectives within the framework of the EC Treaty and their impact on foreign takeovers and investments. It also examines the initiatives taken by the Commission in order to eliminate such measures […]

Review of O´Donoghue and Padilla, The Law and Economics of Article 82 EC

Richard Whish, Nov 01, 2006 The extent to which EC competition law has been modernized in the last decade is really quite breathtaking. Most radical of all, perhaps, was the Modernization Regulation, a product of the Commission being prepared to think the unthink-able: to dismantle the notification system established in 1962 and in its place […]

The Economics of State Aid Control: Some Remarks

Mathias Dewatripont, Nov 01, 2006 This short comment discusses the rationale for State aid control at the level of the European Community and then turns to the State Aid Action Plan and its application to aid to Research, Development, and Innovation. It discusses the merits of a refined economic approach for better targeting purposes and […]

Some Reflections on the European Commissions State Aid Policy

Philip Lowe, Nov 01, 2006 This article first sets out the main economic and legal requirements for a competition enforcement system to be effective, as well as the main building blocks upon which the effectiveness of any such system depends. It then explains how the Commission is currently implementing these requirements in its reform of […]

The State Aid Action Plan: A Bold Move or a Timid Step in the Right Direction?

Frederic Jenny, Nov 01, 2006 This paper explores the current state of discussion on the reform of EC State aid policy. It analyzes the responses to the European Commissions consultation document on State aid, presents the main areas of dissatisfaction, and the extent to which answers to the expressed dissatisfaction can be found in the […]