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10 Dec 2008

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

John Temple Lang

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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.