The More Economic Approach under Article 102 TFEU

Abstract

The idea of the more economic approach marks the long-awaited review of EU prohibition of abuse of dominance. This work depicts the development of the more economic approach under Article 102 TFEU, and in particular analyses two Commission’s documents: the 2005 Discussion Paper and the 2009 Priorities Paper. It also explains what the more economic approach in abuse of dominance cases means for EU institutions, namely the Commission’s practice, and the case law of the CJEU. The author argues that despite the fact that the trend of the more economic approach in Europe is hallmarked by the clash between the Commission’s policy and the jurisprudence of the CJEU, it appears undeniable that the process of the EU institutions’ transition towards a more economic approach to Article 102 TFEU has begun. Finally, the work also provides a comparison between the US and EU abuse of market power regimes, and points to the most important similarities and discrepancies.