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Are Anti-Competitive Effects Necessary for an Analysis Under Article 102 TFEU?
Liza Lovdahl Gormsen
出版
SSRN
, 2014
URL
http://books.google.com.hk/books?id=LIDdzwEACAAJ&hl=&source=gbs_api
註釋
This article deals specifically with the different effects-based approaches that have been taken to Article 102 prior to and after the European Commission's change of policy in this area of law. Studying this topic now is particularly important for three main reasons. First, Article 102 has recently been subject to a major policy review which generated much debate as to whether the Commission is required to show effects. Secondly, there have recently been some highly significant examples of the Court of Justice both supporting and rejecting the new effects-based approach to Article 102. Finally, the outcome of recent case law has some widespread implications for enforcement policy.