'Consumer Welfare' and Article 82EC: Practice and Rhetoric

World Competition, Vol. 32, 2009

CCP Working Paper No. 08-25

26 Pages Posted: 7 Aug 2008 Last revised: 7 Jun 2013

See all articles by Pinar Akman

Pinar Akman

School of Law, University of Leeds

Date Written: July 31, 2008


This paper questions whether the objective of Article 82EC is indeed enhancing 'consumer welfare' as suggested by the EC Commission when one examines the application of the provision thus far. It critically analyses the case law of the EC Commission and Courts to show that there is great dissonance between the practice and the policy declarations on the provision. When one considers the practice alongside the rhetoric, Article 82EC appears as a provision enforced without a clear standard of harm leading to doubts about the legitimacy of enforcement. The article suggests that without a properly defined standard applied in actual decisions by the EC Commission and upheld by the EC Courts, the modernisation of Article 82EC cannot succeed.

Keywords: Article 82EC, consumer welfare, restriction of competition, abuse of a dominant position, enforcement

JEL Classification: K21, P46

Suggested Citation

Akman, Pinar, 'Consumer Welfare' and Article 82EC: Practice and Rhetoric (July 31, 2008). World Competition, Vol. 32, 2009, CCP Working Paper No. 08-25, Available at SSRN: https://ssrn.com/abstract=1210802 or http://dx.doi.org/10.2139/ssrn.1210802

Pinar Akman (Contact Author)

School of Law, University of Leeds ( email )

Leeds, LS2 9JT
United Kingdom

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