European Competition Law Annual 2007: A Reformed Approach to by Claus-Dieter Ehlermann, Mel Marquis

By Claus-Dieter Ehlermann, Mel Marquis

This can be the twelfth annual in a sequence of workshops on ecu festival legislation and coverage produced by means of the Robert Schuman Centre of the eu college Institute in Florence. The workshop contributors integrated senior enforcement officers and coverage makers from the eu fee, nationwide festival specialists of yes european Member States and the US's division of Justice and Federal alternate fee, well known overseas lecturers, felony practitioners, economists. In an severe intimate atmosphere, this team of specialists debated a couple of felony and financial concerns established in line with 3 extensive strains of debate: 1) comparisons of the idea that of monopolization less than part 2 of the Sherman Act with that of abuse of dominance lower than Article eighty two EC; 2) a reformed method of exclusionary unilateral behavior; and three) exploitative unilateral behavior and comparable treatments. This e-book should be of curiosity to attorneys, economists, judges, and enforcement officers.

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Additional info for European Competition Law Annual 2007: A Reformed Approach to Article 82 EC

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31 Padilla and Ahlborn also see a connection between the “as if” standard and the fact that Article 82(a) prohibits unfair selling prices. 32 The authors themselves appear to recognize this in their discussion of “competition on the merits”, a concept the authors criticize, as others have, for its circularity. Having reviewed the traditional objectives behind Article 82, and finding those objectives and the per se or quasi-per se rules they inspire to be unsatisfactory, the authors proceed by setting out a framework with which to evaluate the costs of error associated with alternative legal norms.

32–34. At paragraph 33, the Advocate General notes that, “[w]ithout the rules on freedom of movement and competition, it would be impossible to achieve the Community’s fundamental aim of having a functioning common market”. 58 As an emeritus scholar, Mestmäcker continues to produce important works. See, most recently, A legal theory without law: Posner v. Hayek on economic analysis of law, Mohr Siebeck, 2007. 59 Cf. the ECJ’s judgment in Case C-95/04 P, British Airways plc v Commission, cited supra note 37, para.

Xxxii Introduction, Summary, Remarks of the “goal structure” that accompanies this model. More clarity with respect to this goal structure, he contends, can help to make sense of a number of different interrelated but often underspecified legal tools and concepts of varying function such as “competition on the merits”, fairness, economic freedom20 and the imperative of the single market. Preservation of not just competition but the conditions of competition is central, in both the short and the long run.

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