OFT wants to change EC law on abuse of a dominant position

Speech (10 pages, PDF) by Philip Collins, chairman of the UK Office of Fair Trading, on the European Commission's staff paper on exclusionary abuses under Article 82. The speech attacks EC case law and criticises the Commission's characterisation of exclusionary abuse as the unfair exclusion of an "as efficient" competitor. It suggests that an additional burden should be placed on those claiming abuse to "put forward a plausible theory" of consumer harm: this would seemingly be over and above the Hoffmann-La Roche test of impairing the effective competitive structure of the market. It also says that the OFT is "very unlikely" to enforce competition law in certain cases involving the abuse of a collective dominant position, and that "the existing case law should not hinder" the administrative review of Article 82 enforcement procedures.

Filed under OFT.

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