The Slippery Slope of Addressing Collective Dominance Under Article 82 EC

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Constantinos Lambadarios, Lia Vitzilaiou, Oct 08, 2009

Article 82 EC Treaty is the instrument used by European and National Competition Authorities to address the issue of dominance in the market and its abuses by undertakings holding such positions. While this Article was primarily intended to address the issue of “single dominance,” the wording “abuse by one or more undertakings of a dominant position” allowed the interpretation that “collective dominance” ( CD ) may also be addressed by Article 82. This approach may appear very effective from a theoretical point of view, but its application in the real world has proven so complex as to render it inoperative or even perilous.