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Full-Text Articles in European Law
Undistorted, Un(Fair) Competition, Consumer Welfare And The Interpretation Of Article 102 Tfeu, Anca Daniela Chirita
Undistorted, Un(Fair) Competition, Consumer Welfare And The Interpretation Of Article 102 Tfeu, Anca Daniela Chirita
Anca Daniela Chirita
This article explains the Lisbon Treaty’s provisions relating to competition policy and offers a dynamic interpretation of Article 102 Treaty on the Functioning of the European Union (TFEU), which could justify the consideration of an effects-based approach to those anti-competitive practices that are most harmful to the final consumers under the economic theory of consumer welfare. The implications of ‘consumerprotection requirements’ must shed special light on Article 12 TFEU. Therefore, this article examines the possibility of shifting the courts’ teleological interpretation of Article 102, which is based on Protocol 27’s ‘undistorted competition’, towards a legal balancing test of the Treaty’s …
The Ec Commission's Guidance Paper On The Application Of Article 82 Ec, Anca Daniela Chirita
The Ec Commission's Guidance Paper On The Application Of Article 82 Ec, Anca Daniela Chirita
Anca Daniela Chirita
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 simple questions of how …