The Requirements for a Commission Notice on the Concept of Abuse under Article 82 EC

It has been widely felt that the law and economics under Article 82 EC on abuse of dominant positions are unsatisfactory, and that a Commission Notice stating and, where necessary, modifying the legal position is needed. This paper summarises the main points that a Notice needs to explain and gives the reasons why. The author is a solicitor with Cleary Gottlieb Steen and Hamilton LLP, Brussels and London; Professor, Trinity College, Dublin; and Visiting Senior Research Fellow, Oxford.