Relaxing whilst doing Competition Law is not an Oxymoron

ULg Event on Internet Piracy (+ random thoughts on 102 TFEU)

with one comment

The University of Liege has teamed up with two other Belgian universities to offer an ambitious conference on Internet piracy.  On our side, Prof. Alain Strowel and Véronique Delforge are the masterminds behind the project. See link hereafter.

10 11 15 Colloque Téléchargement

I am in Lille today, lecturing on Article 102 TFEU. I read again the Guidance Communication in full. Overall, this is a good document. A few things that retained my attention this time, and that did not strike when I commented it a while ago in World Competition:

  • At footnote 3, there is a reference to 101(3) TFEU, which lends support to the implicit existence of an 102(3) defense;
  • §56 on tying would have benefited from illustrations;
  • In line with the CFI ruling in MSFT, intellectual assets subject to IPRs are not subject to a particular refusal to deal standard;
  • The market coverage of the allegedly abusive course of conduct brings relevant information (§20, to contrast with Tomra)
  • Saying that there can be unlawful rebates absent a sacrifice is not wholly true (§37). According to the test devised at §§43-45, to be abusive, the rebate must entail a sacrifice, but on the contestable share.

Written by Nicolas Petit

16 November 2010 at 1:55 pm

Posted in Events

One Response

Subscribe to comments with RSS.

  1. The 15th? I read elsewhere that it was on the 14th:


    16 November 2010 at 6:49 pm

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: