John Kay on the review of Article 82 enforcement

Article by John Kay, originally published in the Financial Times. The article is framed as a letter to European Commissioner Neelie Kroes, in response to her recent speech on the European Commission's review of Article 82 enforcement. John Kay argues that it is not possible or desirable to bring Europe's policy on abuse of a dominant position in line with American practice. He rejects calls for an "efficiency defence" and suggests, rightly, that if Article 82 is currently perceived to be unclear then this is mainly because Commission officials "have lost confidence in its application".

Filed under Article 82, DG Competition.

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