Akman, P. orcid.org/0000-0001-5796-8598 (2024) A Critical Inquiry Into ‘Abuse’ In EU Competition Law. Oxford Journal of Legal Studies. ISSN 0143-6503
Abstract
Disagreement abounds on what exactly constitutes an ‘abuse’ within article 102 TFEU, EU competition law’s prohibition of an abuse of a dominant position. This situation is highly undesirable, given the important role this prohibition is expected to play in alleviating concerns about substantial market power and its use in important sectors, typified by actions against ‘Big Tech’. This article responds to this problem by analysing and synthesising the jurisprudence of the Court of Justice of the European Union and its evolution to establish the constituent elements of an exclusionary ‘abuse’. The article corrects crucial legal misconceptions, including the putative dichotomy between violations ‘by object’ and ‘by effect’; the assumed disparate legal tests for pricing and non-pricing conduct; and the lost distinction between the ‘as efficient competitor test’ and the ‘as efficient competitor standard’. This critical inquiry allows one to draw concrete predictions on the future development of this challenging, yet vital, area of law.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2024. This is an author produced version of an article published in Oxford Journal of Legal Studies. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 09 Feb 2024 09:46 |
Last Modified: | 14 Mar 2024 16:10 |
Status: | Published online |
Publisher: | Oxford University Press |
Identification Number: | 10.1093/ojls/gqae008 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:208990 |
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Filename: Akman, A Critical Inquiry into Abuse in EU Competition Law, OJLS, Final.pdf
