European Competition Law: The Impact of the Commission’s Guidance on Article 102
Show Less

European Competition Law: The Impact of the Commission’s Guidance on Article 102

Edited by Lorenzo Federico Pace

This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission’s investigations, for example, the opened procedure against Google.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 7: National Competition Law Goals and the Commission’s Guidance on Article 82 EC: The UK Experience

Richard Whish


Richard Whish INTRODUCTION 1 Article 82 EC is primarily directed towards the unilateral conduct of individually dominant firms which use their market power in an exploitative or in an exclusionary manner; Article 82 can also apply to the unilateral or collective abuse of a collective dominant position, a subject that will not be discussed in this chapter. The application of Article 82 to individually dominant undertakings in practice has, for many years, been controversial: this subject has probably attracted more criticism than any other topic within European Community competition law. This chapter will consider briefly the nature of this criticism and the European Commission’s reaction to it, specifically in the form of its 2009 Communication entitled ‘Guidance on the Commission’s enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings’1 (hereafter ‘the Guidance’); it will then consider the UK experience of dealing with the unilateral behaviour of dominant undertakings, in particular in the years since 2000, when the Competition Act 1998 entered into force. Section 2 of this chapter discusses the background to and the contents of the Commission’s Guidance, and explains why this author considers the Guidance to be an important and timely contribution to our collective understanding of this difficult subject. Section 3 describes in outline the historical position in the UK on the subject of unilateral behaviour, dating back to 1948; it then introduces the two modern statutes that address this topic, namely the Competition Act 1998 and the Enterprise...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.