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7 - The way forward

Published online by Cambridge University Press:  24 April 2010

Liza Lovdahl Gormsen
Affiliation:
London School of Economics and Political Science
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Summary

This book has considered the legitimacy of consumer welfare as an objective of Article 82. It demonstrated that consumer welfare is only one amongst other relevant objectives within that provision. It suggested that consumer welfare cannot be given primacy in the hierarchy of goals in terms of excluding other goals. There are several reasons for this. Chapter 3 showed that Article 82 is not an end in itself, but rather an implementation provision of the wider Treaty goals. Article 82 must therefore be read in the context of the Treaty as a whole and cannot be narrowed down simply to focusing on consumer welfare. One of the Treaty's goals is a system ensuring that competition in the internal market is not distorted. The Community Courts have interpreted Article 82 in the light of undistorted competition since Continental Can. The Discussion Paper created a lot of ambiguity by treating consumer welfare as the main objective of Article 82, in particular because it is hard to see a concern for consumer welfare in the vast majority of cases. While many Community lawyers would readily accept, and indeed welcome, the focus on the objective of consumer welfare, this is not always supported by case law. While the Community Courts have been concerned with both direct and indirect harm to consumers, there is little discussion of the efficiencies certain conduct may bring to consumers. This is because economic freedom has been the main concern for some time.

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Publisher: Cambridge University Press
Print publication year: 2010

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  • The way forward
  • Liza Lovdahl Gormsen, London School of Economics and Political Science
  • Book: A Principled Approach to Abuse of Dominance in European Competition Law
  • Online publication: 24 April 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511676420.008
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  • The way forward
  • Liza Lovdahl Gormsen, London School of Economics and Political Science
  • Book: A Principled Approach to Abuse of Dominance in European Competition Law
  • Online publication: 24 April 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511676420.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The way forward
  • Liza Lovdahl Gormsen, London School of Economics and Political Science
  • Book: A Principled Approach to Abuse of Dominance in European Competition Law
  • Online publication: 24 April 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511676420.008
Available formats
×