Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?
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Maria Rosaria Maugeri
Abstract
This paper aims to demonstrate that, even if Article 82(2)(a) of the EC Treaty does not replace the market measure with a political measure with respect to contractual clauses, nonetheless it pursues social justice, whatever conception of social justice one accepts. According to a vast majority of Economics scholars, such regulation is wholly inefficient. The rule, as it stands, is supported by evidently equitable reasons: it is designed, in fact, to protect a specific class of consumers, particularly those who cannot afford innovation at a monopolistic price. This regulation has been harshly criticised, and has undergone several attempts to reduce its scope of application. I believe that a group that is concerned about social justice in European contract law cannot allow this norm to be disregarded and should, instead, invoke its application.
© Walter de Gruyter
Articles in the same Issue
- Introduction
- The Constitutional Competence of the EU to Deliver Social Justice
- Social Justice, Constitutional Principles and Protection of the Weaker Contractual Party
- The Constitutionalization of European Contract Law: Judicial Convergence and Social Justice
- Social Justice and the Market in European Contract Law
- An Optional Instrument and Social Dumping
- The Alchemy of Deriving General Principles of Contract Law from European Legislation: In Search of the Philosopher's Stone
- The Eye of the Storm: on the Case for Harmonising Principles of Damages as a Remedy in Contract Law
- Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?
- The Old and the New Limits to Freedom of Contract in Europe
- Social Justice and European Identity in European Contract Law
- ECJ – CaixaBank France
- European Community Legislation and Actions
- The European Commission's Common Frame of Reference Project: a progress report
- Other News
Articles in the same Issue
- Introduction
- The Constitutional Competence of the EU to Deliver Social Justice
- Social Justice, Constitutional Principles and Protection of the Weaker Contractual Party
- The Constitutionalization of European Contract Law: Judicial Convergence and Social Justice
- Social Justice and the Market in European Contract Law
- An Optional Instrument and Social Dumping
- The Alchemy of Deriving General Principles of Contract Law from European Legislation: In Search of the Philosopher's Stone
- The Eye of the Storm: on the Case for Harmonising Principles of Damages as a Remedy in Contract Law
- Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?
- The Old and the New Limits to Freedom of Contract in Europe
- Social Justice and European Identity in European Contract Law
- ECJ – CaixaBank France
- European Community Legislation and Actions
- The European Commission's Common Frame of Reference Project: a progress report
- Other News
