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Maria Rosaria Maugeri

Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?

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.

European Review of Contract Law, Walter de Gruyter

Print ISSN: 1614-9920
Volume: 2, 05/2006
Pages: 250 - 256

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