Among other factors, one can assess the efficacy of a competition authority by its ability to choose and implement its remedies. Up until now, a dense economic literature has emerged on retrospective merger studies to measure the efficacy of merger control. Yet, little attention has been given to remedies in the other major pillar of competition policy, i.e. abuses of dominant position. In this paper, we try to fill the gap by first highlighting what is at stake and second analyse the most emblematic cases. We focus on the European Commission, while U.S. cases serve us as benchmark.

Quels Remèdes pour les Abus de Position Dominante ? Une Analyse Economique des Décisions de la Commission Européenne (What Remedies for Abuses of Dominant Positions? An Economic Analysis of the EC's Decisions)

recherche d'une voie ultramarine

It is often argued that most favoured nation clauses (‘MFNs’) should be assessed on a case-by-case basis given the perceived lack of a coherent theory guiding their assessment. This article asks whether this is the case: do we lack an assessment framework of MFNs under EU competition law? In answering this question, regard is had to both older case law and the most recent developments. Taken together, most of the issues in assessing MFNs do appear to be generally agreed upon. Moreover, legal scholarship complements the theory where the courts and authorities did leave a question open. Thus, it is offered that we are indeed well on our way to a clear assessment framework of MFNs under EU competition law.

Most Favoured Nation Clauses: Towards an Assessment Framework Under EU Competition Law

As medidas de correcção no controlo europeu de concentrações

As medidas de correcção no controlo europeu de concentrações : a preferência pela alienação de um negócio viável e independente

Ce dossier reunit trois contributions sur le sujet des remedes presentees le 10 mai 2011 a Paris, et issues du cycle de formation Economie et droit de la concurrence organise par la revue…

Analyse économique des remèdes en droit de la concurrence

Vertical Restraints: Towards Guidance to Iron Out Perceived Enforcement Discrepancies Across Europe?

Cet article s'interesse au traitement des restrictions verticales dans la politique europeenne de concurrence, cette derniere s'appuyant particulierement sur la concurrence intra-marque. La premiere…

Thibaud Vergé

Papers

Analyse économique des remèdes en droit de la concurrence

Vertical Restraints: Towards Guidance to Iron Out Perceived Enforcement Discrepancies Across Europe?

Vertical restraints in European competition policy