A summary of the European Commission’s public meeting on its discussion paper on exclusionary abuses

On 14 June 2006, the Directorate-General for Competition (DG Comp) held a public meeting to give parties the chance to discuss DG Comp’s December 2005 discussion paper (the Discussion Paper) on the application of article 82 EC to exclusionary abuses.

What is the relevance of intention in article 82 cases?

Competition law has little to do with charity and could be described as a form of social Darwinism promoting efficiency in the consumer’s interest.

An outline of the legal principles relating to excessive pricing and their future application in the field of IP rights and industry standards

Competition law statutes concerned with excessive pricing and similar exploitative practices by a dominant company are inherently very delicate to implement.

Yell has a 75% share of the classified directories market and is in a position to set prices to advertisers above competitive levels.

Advanced Microprocessor Devices v Intel promises to be the next US landmark on exclusionary behaviour by monopolists, rivalling Microsoft in importance and interest.

The Commission’s efforts to provide analytical guidance on the complex issues surrounding the law on refusal to deal merit cautious welcome

The exact circumstances in which article 82 imposes on a dominant firm a duty to deal have always been the subject of some controversy.

If the ECJ follows Advocate General Kokott’s opinion in British Airways, dominant companies will have to be cautious about rebate schemes

Late in 2003, the Court of First Instance upheld two Commission decisions in which two very different companies were held to have breached EC competition rules by offering unlawful fidelity rebates.

The ECJ has dismissed an appeal by the football agent, Laurent Piau.

The third article in our series on the DG Competition draft guidelines

Much of the focus on predatory pricing in European competition law over the last 15 years has been on cost benchmarks.

The Scandlines decision

Whether as a matter of law or simply as a matter of good practice, dominant undertakings in the EU should be able to demonstrate accurately the source and nature of the costs for each of their products/services, and the relationship the price has with those costs.

Postcomm has said that Royal Mail should make its postcode address file more accessible.

The first in a new series of articles on the DG Competition draft guidelines on article 82 focuses on exclusionary abuses

The Commission published its draft guidelines on the interpretation of article 82 EC, on abuse of dominant positions, in December 2005.

The European Commission has issued a statement of objections against Microsoft for its failure to comply with obligations under a Commission ruling of March 2004.

The Claymore case highlights the dangers of an incomplete investigation

The recent judgment of the UK Competition Appeal Tribunal to set aside the UK Office of Fair Trading’s decision in Claymore Dairies Ltd /Arla Foods UK plc v OFT (supported by Robert Wiseman Dairies plc and Robert Wiseman and Sons Ltd) again highlights the need for regulators to be comprehensive, precise and robust when considering the available evidence in a case before making up their minds whether to uphold or dismiss a complaint about anticompetitive behaviour.