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EC Competition Law: Is there a gap in the enforcement of Article 82?

18th January 2010

What is this event about?

This event will feature three talks by competition experts, who will discuss the issues raised in Ioannis Kokkoris's recent book on EU competition law, A Gap in the Enforcement of Article 82. The book focuses on instances where non-dominant firms have the ability to behave independently of customers and competitors and adopt conduct which may induce consumer harm, such as price discrimination and excessive pricing. Kokkoris illustrates that a non-dominant firm in a differentiated market can adopt anti-competitive conducts and not be deterred by the possible application of Article 82 of the EC treaty.

Speakers will address the implications this 'gap' in enforcement has for competition policy in the EU. They will discuss relevant issues like alternative theories of harm, enforcement approaches, and whether the EC should adopt a regulation similar to section 5 of the US Federal Trade Commission Act which prohibits 'unfair methods of competition.'

1.5 CPD hours may be claimed by both solicitors and barristers through attendance at this event.

This event is also the official launch of A Gap in the Enforcement of Article 82 and a discount will be available for those who wish to purchase the book.

'This book raises interesting questions concerning competition policy, and more specifically the scope of enforcement under Article 82. It also examines the concepts of superior bargaining power and abuse of economic dependence and discusses how some national jurisdictions in the EU have attempted to address these issues. I am sure that my Commission colleagues and I would strongly agree with Ioannis Kokkoris on some issues and strongly disagree on others. But I very much welcome his lively contribution to this important debate.'

Philip Lowe
DG Competition-European Commission

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