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European And American Antitrust Regulation Of Pricing By Monopolists, Gregory B. Adams
European And American Antitrust Regulation Of Pricing By Monopolists, Gregory B. Adams
Vanderbilt Journal of Transnational Law
Article 86 of the Treaty of Rome outlaws any "abuse ... of a dominant position within the common market or a substantial part of it." The EEC prohibition is similar to the developed meaning of "monopolization" in section 2 of the Sherman Act, requiring both market power and improper conduct. This Article analyzes the type of conduct that is considered improper: specifically, the pricing practices that constitute abuse under article 86, or monopolization under section 2.
Article 86 provides examples that help determine what abuse is:
Such abuse may, in particular, consist in:
(a) directly or indirectly imposing unfair purchase …