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Searching for the Long-Lost Soul of Article 82ec
This paper examines the travaux preparatoires (prepatory documents) of Article 82EC which have so far been disregarded in the literature in order to find out the legislative intent of the provision.Expand
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To Abuse, or not to Abuse: Discrimination between Consumers
This paper questions whether discrimination between consumers by a dominant undertaking can and should constitute an abuse of a dominant position under Article 82EC. By finding that it can, the paperExpand
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CBR Extended Shareholder Protection Index
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Online RPM and MFN Under Antitrust Law and Economics
The legal framing of a firm’s pricing strategy can determine whether it constitutes online resale price maintenance (RPM) or online most favored nation (MFN). Together, cases that involve online RPMExpand
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Myths and Myth-Making in the European Union: The Institutionalization and Interpretation of EU Competition Policy
EU competition policy has become so strongly institutionalized that it is easy to overlook its precarious status in earlier decades. This article argues, first, that the Commission responded to theExpand
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When are Excessive Prices Unfair
A dominant firm can abuse its position by charging unfair prices under EU competition law. According to the Court of Justice of the European Union in United Brands, a price is abusive if (1) theExpand
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‘Consumer’ Versus ‘Customer’: The Devil in the Detail
The ultimate objective of EC competition rules is arguably the enhancement of 'consumer welfare'. In EC competition law, however, 'consumer' merely means 'customer'. Not being limited to finalExpand
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The Theory of Abuse in Google Search: A Positive and Normative Assessment Under EU Competition Law
In its investigation into Google’s search practices, Google Search, the Commission alleges that Google abuses its dominant position on the web search market by giving systematic favourable treatmentExpand
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'Consumer Welfare' and Article 82EC: Practice and Rhetoric
This paper 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. ItExpand
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