By Liza Lovdahl Gormsen
3 questions encompass the translation and alertness of Article eighty two of the EC Treaty. what's its underlying goal? Is it essential to reveal genuine or most probably anticompetitive results out there position while utilising Article eighty two? and the way can dominant undertakings protect themselves opposed to a discovering of abuse? rather than the standard dialogue of targets, Liza Lovdahl Gormsen questions no matter if the Commission's selected target of patron welfare is valid. whereas many neighborhood legal professionals could simply settle for and certainly welcome the target of patron welfare, this isn't supported by means of case legislation. The neighborhood Courts don't continually favour customer welfare on the cost of financial freedom. this is often vital for dominant undertakings' skill to enhance efficiencies and for figuring out why the Chicago and post-Chicago college arguments can't be injected into Article eighty two.
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Additional info for A Principled Approach to Abuse of Dominance in European Competition Law (Antitrust and Competition Law)
21 The consumers who were willing to pay only the competitive price will no longer buy the product. Consumer surplus is no longer maximised for those consumers and not all consumer surplus is turned into producer surplus and there will be deadweight loss where neither consumers nor producers benefit. 22 Productive efficiency is generated when production is improved to produce the same level of output using fewer resources or to produce more valuable output of better quality using the same resources.
E. pdf; D. Gerber, ‘Constitutionalizing the Economy: German Neo-liberalism, Competition Law and the “New” Europe’ 42 American Journal of Comparative Law (1994) 25, 73; D. Evans, ‘Roundtable Discussion about the US Supreme Court’s Decision in Verizon v. Trinko’ Global Competition Review (2004) 26. F. Böhm, ‘Democracy and Economic Power’ in Cartel and Monopoly in Modern Law (Karlsruhe: C. F. Müller, 1961) 36. 42 The need to consider both the economic implications and the political dimension made it difficult for the courts to interpret Section 2.
In the US, the Harvard School believed that competition policy is aimed at multiple goals. It was sceptical about efficiency and did not necessarily believe that an accumulation of power was due to efficiency. The Chicago School 4 5 6 7 OJ  C132/1 Commission White Paper, Modernisation of the Rules Implementing Articles 85 and 86 of the EC Treaty, point 78. pdf. The EAGCP Report on An Economic Approach to Article 82 EC (July 2005) has suggested an economics-based approach to Article 82. R.
A Principled Approach to Abuse of Dominance in European Competition Law (Antitrust and Competition Law) by Liza Lovdahl Gormsen