The application of Article 82 EC to exclusionary abuses : evolution or revolution?

Defence date: 04 July 2008Examining Board: Mr. Giorgio MONTI, London School of Economics Professor Ernst-Ulrich PETERSMANN, EUI (supervisor) Professor Heike SCHWEITZER, EUI Professor Richard WHISH, School of Law, King’s College LondonPDF of thesis uploaded from the Library digital archive of EUI PhD thesesThe present thesis explores the application of Article 82 to exclusionary abuses throughout the history of the Community Courts’ jurisprudence with the purpose of identifying the evolution and the outstanding problems in the case law. Armed with this knowledge the thesis then considers options for reforming the current application of Article 82 to exclusionary abuses so that the interpretation of the provision accommodates modern economic theories and that it applies in the interest of consumers. The thesis seeks to answer the question of whether a 'soft' reform can attain these objectives, or whether there is instead a need for a more revolutionary approach