Vol.
2010, 3(3)
Impact of the New Approach to Article 102 TFEU
on the Enforcement of the Polish Prohibition
of Dominant Position Abuse
by
Konrad Kohutek*
CONTENTS
I.
Introduction
II.
Consumer harm as the ultimate objective of the modernized...
More
Vol.
2010, 3(3)
Impact of the New Approach to Article 102 TFEU
on the Enforcement of the Polish Prohibition
of Dominant Position Abuse
by
Konrad Kohutek*
CONTENTS
I.
Introduction
II.
Consumer harm as the ultimate objective of the modernized approach
to the ban on the abuse of dominance: the lack of re-orientation?
III.
General approach to exclusionary conduct: between the ‘old’ and ‘new’
definition
IV.
Procedural requirements and mechanisms under the ‘effects-based’
approach
1.
Tendency to increase the standard of proof
2.
Lack of per se abuse?
3.
‘As efficient competitor’ test: already applied conceptually
4.
Efficiency defence: the application of the rule of reason to the abuse
of dominance
V.
Exploitative practices: of no concern under the new approach?
VI.
Final remarks
Abstract
This paper will analyze the impact of the modernized approach to Article 102
TFEU on the application of the prohibition of dominant position abuse contained
in
Less
