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The Conflict Between Economic Freedom and Consumer Welfare in the Modernisation of Article 82 EC.

Liza Lovdahl Gormsen

出版	SSRN, 2014
URL	http://books.google.com.hk/books?id=Wg3fzwEACAAJ&hl=&source=gbs_api

註釋

This article explains that the concepts of economic freedom and consumer welfare are based on fundamentally different values, as there seem to be some confusion as to whether these two concepts are in conflict. It is important for the modernisation of Article 102 to acknowledge that there exists a tension between the two objectives, otherwise national competition authorities and courts may pursue an objective of economic freedom when applying Article 102 thinking it enhances consumer welfare in the long run. Article 102 may thereby not be applied effectively and uniformly by the Member States in the Community. The articles argues that economic freedom is still pursued as an objective in Community jurisprudence which can be seen from recent cases such as British Airways and Microsoft. Although these judgments contain some promising indications, such as the need to establish some form of competitive impact and an appreciation of economic benefits, they confirm that reform of Article 102 is not going to happen immediately.