IDEAS home Printed from https://ideas.repec.org/p/uea/ueaccp/2008_25.html
   My bibliography  Save this paper

'Consumer Welfare' and Article 82EC: Practice and Rhetoric

Author

Listed:
  • Pinar Akman

    (Centre for Competition Policy and Norwich Law School, University of East Anglia)

Abstract

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. 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 modernisation of Article 82EC cannot succeed.

Suggested Citation

  • Pinar Akman, 2008. "'Consumer Welfare' and Article 82EC: Practice and Rhetoric," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2008-25, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    • Handle: RePEc:uea:ueaccp:2008_25
    as

    Download full text from publisher

    File URL: https://ueaeco.github.io/working-papers/papers/ccp/CCP-08-25.pdf
    File Function: main text
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Article 82EC; consumer welfare; restriction of competition; abuse of a dominant position; enforcement;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • P46 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Consumer Economics; Health; Education and Training; Welfare, Income, Wealth, and Poverty

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:uea:ueaccp:2008_25. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Juliette Hardmad (email available below). General contact details of provider: https://edirc.repec.org/data/esueauk.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.