Article 102 TFEU as a tool for market regulation : 'excessive enforcement' against 'excessive prices' in the new EU member states and candidate countries
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1744-1056; 1757-8396
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European competition journal, 2012, Vol. 8, No. 3, pp. 473-496
Cite
SVETLICINII, Alexandr, BOTTA, Marco, Article 102 TFEU as a tool for market regulation : ‘excessive enforcement’ against ‘excessive prices’ in the new EU member states and candidate countries, European competition journal, 2012, Vol. 8, No. 3, pp. 473-496 - https://hdl.handle.net/1814/39687
Abstract
Contrary to the enforcement practice of the EU Commission, the NCAs of the new EU Member States and candidate countries have actively enforced Article 102 TFEU against excessive pricing, focusing on abuses in network industries and in economic sectors where the state has granted exclusive rights to private undertakings. In the absence of any EU guidance and scarce judicial review, the NCAs of these countries have not been consistent in applying the substantive standards and remedies in excessive pricing cases. The paper suggests that in order to guide the NCAs and thus ensure the harmonised application of EU competition law, the EU Commission should supplement its 2009 guidance paper on exclusionary practices with the guidelines on exploitative abuses.