"Consumer welfare" and Article 82EC: Practice and rhetoric

Akman, Pinar (2009) "Consumer welfare" and Article 82EC: Practice and rhetoric. World Competition Law and Economics Review, 32 (1). pp. 71-90.

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This article questions whether the objective of Article 82EC is indeed enhancing ‘consumer welfare’ as suggested by the EC Commission when one examines the application of the provision thus far. It critically analyses the case law of the EC Commission and Courts to show that there is great dissonance between the practice and the policy declarations on the provision. When one considers the practice alongside the rhetoric, Article 82EC appears as a provision enforced without a clear standard of harm leading to doubts about the legitimacy of enforcement. The article suggests that without a properly defined standard applied in actual decisions by the EC Commission and upheld by the EC Courts, the modernization of Article 82EC cannot succeed.

Item Type: Article
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: Helena Spurrell
Date Deposited: 18 Nov 2010 15:37
Last Modified: 11 Jan 2024 01:21
URI: https://ueaeprints.uea.ac.uk/id/eprint/10934
DOI: 10.54648/woco2009005

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