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The EC Commission’s Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany?

Chirita, Anca Daniela

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Abstract

This article aims to introduce the Guidance Paper’s key features in applying Article 82 EC to abusive exclusionary conduct by dominant undertakings. It will therefore examine the concepts of consumer welfare, anticompetitive foreclosure, consumer harm, the efficiency-based defence and balancing test, and some issues that apply to predation and tying. It will also discuss how the Guidance Paper could be perceived from the perspective of German competition law and policy and what kind of transitional regime might be required for the effective implementation of its major analytical concepts. The central issue is therefore to answer the questions of how efficient it really is to reform Article 82 by means of a soft-law instrument, and whether the GP presents an efficient means of compliance for Germany.

Citation

Chirita, A. D. (2009). The EC Commission’s Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany?. European Competition Journal, 5(3), 677-700. https://doi.org/10.5235/ecj.v5n3.677

Journal Article Type Article
Publication Date Dec 1, 2009
Deposit Date Sep 7, 2011
Publicly Available Date Mar 29, 2024
Journal European Competition Journal
Print ISSN 1744-1056
Publisher Taylor and Francis Group
Peer Reviewed Peer Reviewed
Volume 5
Issue 3
Pages 677-700
DOI https://doi.org/10.5235/ecj.v5n3.677
Keywords Article 82 EC, Antitrust law, Germany, EC competition law.
Publisher URL http://www.ingentaconnect.com/content/hart/ecj/2009/00000005/00000003/art00003

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