Article 82 EC

Reflections on its Recent Evolution

Ariel Ezrachi

• Publisher: Hart Publishing
• Year: 2009
• Print ISBN: 9781841132501
• eBook ISBN: 9781847315403
• Edition: 1
• Topic: Law
• Subtopic: Antitrust
• Index: Law

The landscape of European competition law has seen significant changes in the past decade, both in terms of enforcement and substantive application. One of the last frontiers to be subjected to scrutiny has been Article 82. In recent years the European Commission has pushed forward the debate on the nature and scope of Article 82. Of major significance to this debate were the Commission's Consultation Paper on an economic approach to Article 82, the Discussion Paper on the application of Article 82 to exclusionary abuses, and the Commission's recent Guidance on its enforcement priorities in applying Article 82. The debate over the realm of Article 82 EC has raised important questions as to its past and present application. This collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution. The chapters cover a range of subjects, including the legal and economic implications of an effects-based approach to Article 82 EC, the recent Commission Guidance on Article 82 EC, the interface between intellectual property rights and competition law, licensing, tying, excessive pricing, and the protection of the consumer interest.

Table of contents

• Cover
• Prelims
• Preface
• Summary Contents
• Contents
• List of Contributors
• Table of Cases
• Table of Legislation
• 1 Reform of Article 82 EC—Can the Law and the Economics be Reconciled?
• 2 Categorical Thinking in Competition Law and the ‘Effects-based’ Approach in Article 82 EC
• 3 The Commission’s Guidance on Article 82 EC and the Effects Based Approach—Legal and Practical Challenges
• 4 The Evolution of the Notion of Consumer Interest in Light of the Modernisation of Article 82 EC
• 5 The Epithet That Dares Not Speak its Name: The Essential Facilities Concept in Article 82 EC and IPRs after the Microsoft Case
• 6 The Microsoft Case—at the Heart of the IP/Antitrust Intersection
• 7 A Reformed Approach to Article 82 and the Special Responsibility not to Distort Competition
• 8 Rhetoric or Reform: Does the Law of Tying and Bundling Reflect the Economic Theory?
• 9 The Darker Side of the Moon: Assessment of Excessive Pricing and Proposal for a Post-entry Price-cut Benchmark
• 10 The Sanction of Voidness Under Article 82 EC and its Relation to the Right to Damages
• Index