Archive for the ‘Our Publications’ Category
New Paper on Exclusionary Abuses Following The Guidance Communication
I paste below the abstract of a new paper, which I presented a few months ago in Warsaw, at a seminar on abuses of dominance and new technologies. As usual, the paper can be downloaded here on ssrn.
The purpose of the present article is to offer thoughts on the “Guidance Communication on the Commission’s Enforcement Priorities in Applying Article 82 of the EC Treaty” and, in particular, to review the requirements which the Commission must meet in Article 82 EC cases when it purports to apply the Communication’s economics-oriented, effects-based. In addition, this article seeks to assess whether the Communication’s effects-based approach really entails a paradigmatic shift towards increased competition economics, comparable to the (r)evolution that has taken place in other areas of EC antitrust enforcement since the early 2000. It comes to the conclusion that whilst the Communication marks a welcome economic sophistication of the Commission’s Article 82 EC enforcement policy, it nonetheless often fails to go beneath the surface of modern antitrust economics, and thus provide only limited guidance to firms and their counsels.
Today’s Output
- At last, the Intel decision is out. Until today, Commission officials had presented this decision as THE foremost illustration of the new effects-based, economic, approach. Now, at least, we can check whether that’s true. At first glance, the huge amount of intent-related evidence that is relied upon by the Commission to establish an infringement seems to call for a little more nuance.
- I just posted on ssrn a new paper on the effects-based approach pursuant to the Guidance Communication. The paper should appear in December in World Competition. Much to my dismay, I will have to update it in light of Intel, and go through the scarry 518 pages Commission decision.
- Seminars on antitrust law. See here for the 2009-2010 season of the “Mardis du droit de la concurrence” and below for a lunch seminar on penalties for antitrust infringements (with. W. Wils, Commission and King’s College).
(Image possibly subject to copyright. Source: Wikipedia)
Recently published
- « L’exemption des engagements d’exclusivité au “seuil” de la réforme du droit des accords verticaux : Quelle(s) part(s) de marché ? », Doctrines, Concurrences N° 3-2009 – pp. 39-48 Concurrences, N° 3-2009, n°26714, pp. 39-48 (avec M. Abenhaim);
- « Bark at the Moon?” – The outcome of the EC pharmaceutical sector inquiry », Concurrences, N° 3-2009, n°28154, pp. 11-25;
- « Les stratégies juridiques en droit des coordinations entre entreprises – Une approche scénarisée » in A. Masson (éd.), Les stratégies juridiques des entreprises, Larcier 2009.
New book – Alternative Enforcement Techniques in EC Competition Law
I am the proud co-editor – together with my colleague and friend C. Gheur – of a new book, which comprises the proceedings of a conference held last year in Brussels.
See here for more details and link hereafter for subscription form: 2090419-prosp
Nicolas
Chillin'Competition 
