"Consumer welfare" and Article 82EC: Practice and rhetoric

Pinar Akman

Research output: Contribution to journalArticlepeer-review


This article 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 modernization of Article 82EC cannot succeed.
Original languageEnglish
Pages (from-to)71-90
Number of pages20
JournalWorld Competition Law and Economics Review
Issue number1
Publication statusPublished - 2009

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