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Full-Text Articles in European Law
The Future Of Article 82: Dissecting The Conflict, David J. Gerber
The Future Of Article 82: Dissecting The Conflict, David J. Gerber
All Faculty Scholarship
Underlying the recurring debates over the future of Article 82 EC are competing images of what its goals are and should be. Such debates about the interpretation and application of Article 82 are not new, and they are also not likely to end, because the legal concept of “abuse” is sufficiently abstract and capacious to allow multiple conceptions of its goals. Where goals become contested and controversial, however, debates can lead to confusion and uncertainty rather than progress in thinking about the issues, and this threatens to occur in the context of discussions of Article 82 and its future. Clashing …
Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber
Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber
All Faculty Scholarship
In European competition law, the term "modernization" has been a catchword and focus of attention since the late 1990s. Usually, the reference is to "procedural" or "institutional" modernization. The European Commission used the term "modernization" in referring to the important set of changes in the institutional structure and procedures of competition law that it introduced in 2004, and it has fundamentally changed important procedures for developing and applying competition law in Europe. During the same period in which this form of modernization was proceeding, another form of "modernization" was also taking shape that represents a fundamental reorientation of much of …