The first essential part of the present research focuses on the European Commission policy towards a "more economic approach" in the application of Article 102 TFEU. On the ground of substantial case law analysis, the thesis analyzes the impact of the new policy approach in the anti-trust and regulatory field. The study draws attention to the Commission's enforcement of abuse of dominant position in general and in one specific sector - the electronic communications - in particular. While on the one hand, supra-competitive prices in correlation with abusive behaviour are generally considered as sufficient evidence of anti-competitive market foreclosure, it is shown that even an objective justification in the form of increasing output, decreasing prices ans sustained innovation may not escape the prohibition of abuse of dominant position if the conduct under investigation is a part of an anti-competitive strategy.
Schriften zur Rechtswissenschaft