The application of Article 82 of the EU Treaty to exclusionary abuses is currently subject to an in-depth review following the publication of a Discussion Paper drafted by a group of economists for the European Commission in December 2005. The need to adopt a “more economic approach” in the scrutiny of potentially anticompetitive unilateral conduct has been hailed with enthusiasm by most commentators during a recent consultation, although a lot needs to be done to ensure that the Commission adopts a satisfactory approach in defining relevant markets, assessing market power, and identifying the most appropriate remedies in case appreciable restrictions of competition are found. Following the publication of the Discussion Paper, the debate has focused mostly on the treatment of refusal to deal and refusal to grant interoperability, on the approach to tying/bundling, single branding and rebates, predatory pricing and after-markets. More recently, the debate has also extended to unfair pricing and price discrimination, especially after the landmark judgment of the European Court of First Instance in Glaxo in September 2006.
John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP; Former Director, DG Competition, European Commission
Andrea Renda, CEPS Senior Fellow
1st meeting: 25 February 2009
2nd meeting: 25 March 2009
3rd meeting: 30 April 2009
4th meeting: 12 May 2009
5th meeting: 24 June 2009
Task Force Report published in September 2009. It can be downloaded or purchased here.