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The law on abuses of dominance and the system of judicial remedies

Ibáñez Colomo, Pablo ORCID: 0000-0001-7019-0645 (2013) The law on abuses of dominance and the system of judicial remedies. Yearbook of European Law, 32 (1). pp. 389-431. ISSN 0263-3264

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Identification Number: 10.1093/yel/yet014

Abstract

Article 102 TFEU1 has attracted considerable scholarly attention in the past few years. It is difficult to avoid the impression that the substantive elements of the provision2 are yet to be defined with precision. The view that the notion of abuse lacks a clear meaning and purpose became so widespread in the mid-2000s that the European Commission (hereinafter the ‘Commission’) issued a ‘Guidance Paper’ setting out the circumstances in which it is likely to take action against dominant firms.3 In spite of this effort, considerable uncertainty remains about the exact boundaries of Article 102 TFEU. This is in part due to the fact that the Guidance Paper is in several respects at odds with the case-law of the Court of Justice of the EU (hereinafter the ‘ECJ’), and in part to the fact that the Commission has been quick to venture beyond the relatively limited material scope of the document.4

Item Type: Article
Official URL: http://yel.oxfordjournals.org/
Additional Information: © 2013 The Author
Divisions: Law
Subjects: J Political Science > JN Political institutions (Europe)
J Political Science > JX International law
K Law > K Law (General)
Date Deposited: 18 Oct 2013 14:52
Last Modified: 15 Sep 2023 14:47
URI: http://eprints.lse.ac.uk/id/eprint/53616

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