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Competition Law

C/L/166. An economic-based approach to Article 82 EC, similar to the reform of Article 81 EC would be more effective in determining the doctrine of the refusal to supply, abuse and dominance ? An Evaluation of the doctrine of refusal to supply from the de

WORDS:

4000

DATE:

2007

PRICE:

49.99 GBP

One of the initial goals of the EC was to make trading in the European Economic Area simpler by eradicating the barriers to trade within the region. This included the abolishment of imports and excise tax within the region, as well as protectionist policies instituted by the domestic governments to promote the sale and trade of domestic products. However, these were not the only measures that were taken by EC law because there was the additional problem of monopolies within certain industries and the use of unfair practices by large companies to limit an open market. It is this concern that Articles 81 and 82 EC deal with. The following discussion will consider Article 82EC which specifically deals with the abuse of the refusal to supply in dominant company situations, which will further illustrate the promotion of true competition in the EU market. The first section will consider the position of refusing essential services and apply this to competition law. This discussion will also consider what constitutes abuse under Article 82EC, as well as consider the fundamentals of the cases that deal with this abuse of this article. Also the impacts on consumers will be considered in order to relate why there is a law governing the refusal to supply within the EU and other markets. The conclusion will focus on why the elements dealing with the abuse of refusal to supply are broad in nature to fit a wide scenario of circumstances in order to ensure that dominant companies do not distort the market.

KEYWORDS: Article 82, refusal to supply, competition law, abuse, dominance, Microsoft Case, Baye,