The European Commission is strengthening the enforcement of its anti-competition laws, including invoking powers under the previously ignored Article 82 of the EC Treaty. John Kallaugher and Alana Tart report
During the past 20 years, the competition law assessment of mergers, cartels and distribution agreements has evolved dramatically. Cases in these areas now rely on assessment of possible consumer harm based on detailed economic analysis. The modernisation of competition law did not, however, have an impact on Article 82, the European Commission (EC) Treaty provision prohibiting “abuse of a dominant position”.
