Wandering in the Land of the EU Abuse of Rights. Coordinates from the Antitrust Experience?

Posted by Social Science Research Network

Wandering in the Land of the EU Abuse of Rights. Coordinates from the Antitrust Experience? Mariateresa Maggiolino (Bocconi University) & Maria Lillà Montagnani (Bocconi University)

Abstract: Recently, the abuse of right principle has found its way in the EU law. The paper retraces and discusses the relevant case law on the matter to remark how the boundaries of this principle are still blurred. Then, the paper focuses on the EU antitrust case law that, instead, offers a very neat test to detect the cases where dominant firms abuse of their rights. Thus, the paper tries to build a bridge between the two experiences to better define the abuse of right principle.