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Is Consumer Welfare Obsolete? A European Union Competition Perspective
[¿Es obsoleto el bienestar del consumidor? Una perspectiva de la competencia en la Unión Europea]

Author

Listed:
  • Frédéric Marty

    (OFCE - Observatoire français des conjonctures économiques (Sciences Po) - Sciences Po - Sciences Po, GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique - UniCA - Université Côte d'Azur, CIRANO - Centre interuniversitaire de recherche en analyse des organisations - UQAM - Université du Québec à Montréal = University of Québec in Montréal)

Abstract

In 2005, the European Commission advocated a more economic approach to competition law enforcement. The sole criterion for assessing the legality of a market practice should be the assessment of its net effects on consumer welfare. The Court of Justice was reluctant to adopt this approach until the 2017 Intel judgment. Its approval - which is debatable insofar as the judgment may give rise to different interpretations - may seem paradoxical insofar as it is concomitant with a strong challenge to the consumer welfare test in the United States. The purpose of this article is to retrace the history of this test, particularly in its adoption in the context of EU competition law. Our aim is to show that the criticisms of the effects-based approach can be addressed without moving away from the consumer welfare test, but rather by integrating it into a broader perspective that also takes into account the protection of the competition process itself.

Suggested Citation

  • Frédéric Marty, 2021. "Is Consumer Welfare Obsolete? A European Union Competition Perspective [¿Es obsoleto el bienestar del consumidor? Una perspectiva de la competencia en la Unión Europea]," Post-Print halshs-03317604, HAL.
    • Handle: RePEc:hal:journl:halshs-03317604
    DOI: 10.18359/prole.4722
    as

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