Archive for January 12th, 2010
Dissertation Summaries (14) – LLM in IP and Competition Law 2009-2010
The Strategic Use of EU Competition Law: Typology and Assessment – Anne-Sophie Come (annesophie.come@gmail.com)
Legal affairs are no longer a “support” function for business entities. Firms increasingly rely on legal rules, proceedings and remedies, as strategic, profit maximising, levers. As a result of this evolution, firms increasingly seek to use (some say “instrumentalize”) the legal system in order to gain competitive advantages over/inflict competitive disadvantages to their rivals. In this context, it is the purpose of this dissertation to review the extent to which firms seek to use, and have used, EU competition law for strategic business reasons alien to the mere eradication of anticompetitive conduct in the market place. To this end, it provides a new reading of a number of well-known cases decided by the Commission and the Court of Justice.