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Twelfth Annual EU Competition Law and Policy Workshop 2007

General info about the Annual Workshops|

 

A Reformed Approach to Article 82 EC

The 2007 Competition Workshop was devoted to legal, economic and policy issues concerning the transformation of the way Article 82 EC is applied in cases of abuse of dominance. 

This Workshop marks a return to themes discussed during the 2003 edition of the Workshop, taking stock of the conceptual progress made so far, analysing the difficulties that remain and pressing forward with proposals as to how the application of Article 82 can best reflect contemporary legal and economic thought.

The Workshop participants discussed three broad themes:

  • A broad comparison of monopolisation under Section 2 of the Sherman Act and Abuse of a Dominant Position under Article 82
  • A Reformed Approach to Exclusionary Conduct
  • and Exploitative Conduct and Remedies

The proceedings were structured around six panels covering various related issues:

  • Panel 1: The objectives of competition policy: protecting consumers, protecting the competitive process, fostering efficiency?
    Efficiency versus fairness: how relevant remains ordoliberalism?
    Parallels and differences in the attitudes towards and rules regarding market power: what are the reasons?
  • Panel 2: A reformed approach to Article 82 and the US practice: an overall appreciation
    A reformed approach to Article 82: the impact on private enforcement
  • Panel 3: Appreciability: when can it be said that a rebate programme causes significant
    anticompetitive foreclosure?
    A reformed approach to exclusionary conduct
  • Panel 4: Efficiency and anticompetitive effects of tying
    What is the right test for exclusive dealing?
  • Panel 5: Exploitative conduct
    The interface between regulation, antitrust and consumer protection legislation.
    Remedies: is price regulation the answer?
  • Panel 6: Excessive prices in energy markets
    The (complex) relationship between Article 82(a) and IP law

Workshop programme|

 

Publication

The Workshop papers and proceedings appear in:
Claus-Dieter Ehlermann and Mel Marquis (eds.), European Competition Law Annual 2007: A Reformed Approach to Article 82 EC|, Oxford and Portland, Hart Publishing.