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Paulis, Emil --- "Abuses of Dominant Position and Monopolization: Conclusions of the Major Debates in the EU and USA" [2010] ELECD 360; in Mateus, M. Abel; Moreira, Teresa (eds), "Competition Law and Economics" (Edward Elgar Publishing, 2010)

Book Title: Competition Law and Economics

Editor(s): Mateus, M. Abel; Moreira, Teresa

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848449992

Section: Chapter 12

Section Title: Abuses of Dominant Position and Monopolization: Conclusions of the Major Debates in the EU and USA

Author(s): Paulis, Emil

Number of pages: 8

Extract:

12. Abuses of dominant position and
monopolization: conclusions of the
major debates in the EU and USA
Emil Paulis

INTRODUCTION

Let me congratulate the Portuguese Competition Authority for the organ-
isation of this conference. We should remember that the first European
Competition Day which Mario Monti, previous EC Competition
Commissioner, launched, was held in Lisbon. I think that it is great that
we have another opportunity to continue this tradition. This is the appro-
priate place, not only because of the current EU Portuguese Presidency
but also because next month, in this country, there will be the signature
of the new Lisbon Treaty, which is, of course, highly important for the
development of the European Union.


THE REVIEW OF ARTICLE 82 OF THE EC TREATY

The European Commission launched a review of Article 82 of the EC
Treaty. The Discussion Paper led to considerable debates, internally and
also internationally, because the US side and other jurisdictions have fully
engaged in a debate which has been extremely productive.
I will divide my presentation in two parts. First, the lessons which we
can distil from that review and, second, I will discuss some divergences
between the European and the American approach.
The most basic lesson is that we have come to recognise that there is a
need to switch from a form-based approach to an effects-based approach.
The form-based approach stopped at the level of identifying the ability
to foreclose. The effects-based approach requires one step further, which
...