Whose Regulation, Which Competition?
ASCOLA Competition Law series
Edited by Hanns Ullrich
Chapter 8: Abuse of Market Power: Controlling Dominance or Protecting Competition?
8. Abuse of market power:* controlling dominance or protecting competition? Laurence Boy** I INTRODUCTION One of the impressive objectives that ASCOLA has set itself is to explore the theoretical and doctrinal foundations of competition in the European Union and to do so from a comparative perspective (particularly American and national European laws). This choice of methodology is all the more vital given that for years the market has assumed an almost mythical status and governs the legal and political action of all nation-states.1 The system of competition in place takes a different form depending on the stronger or * Questions of choice of vocabulary can never be neutral. Lately, purely technical matters linked to the difficulties of legal translation which come up in different systems from time to time have become controversies concerning the predominent use of this or that language. It is clear that common vocabulary and syntax allow for the exchange of ideas. They also allow, in a somewhat more insidious manner, for the export of mental structures which then condition all forms of reasoning, especially in law. We know this only too well. However, this is not to declare war on English. I would only wish that British and American lawyers would turn their attention towards Romano-Germanic concepts (Europe but also Latin America) in competition law in order to understand that beyond problems of legal translation, there are cultures and social choices which ought to be debated. Linked to the question of linguistic pluralism, I would assert the...
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