TILEC Work in Progress: Eric van Damme
Title: How to make Article 102 TFEU (and Article 24 DCA) more effective?
Abstract
In the last couple of months, Cédric Argenton, Jasper van den Boom, Eric van Damme, Inge Graef and Giorgio Monti worked on a project for the Dutch Ministry of Economic Affairs and Climate focused on the above question. There were 4 sub-questions: (1) What is abuse of a dominant position (ADP) and how often does it occur? (2) What possibilities does Article 102 TFEU offer to counter or deter ADP? (3) What improvements are possible in the Article 102 instrument and its application? (4) For which type of problems (related to abuse) does Article 102 not offer a solution? In this meeting, the authors will present their answers to these questions and will explain how they derived these answers. On the main question, they conclude: There are several reasons why effective enforcement of Article 102 TFEU is very challenging, and perhaps impossible. Note, the questions were not about Article 102 TFEU but about its Dutch equivalent, Article 24 DCA.