European Competition Law Essay Example | Topics and Well Written Essays - 1250 words

European Competition Law - Essay Exampled in which the conditions of competition are sufficiently homogeneous. (Europa, 2007) The SSNIP test (Small but probatory and Non-transitory Increase in Price) is an important criterion in relation to abuse of dominance and mergers. The commission formally adopted SSNIP in 1997 EU Commission find oneself on Market Definition. Camesasca et al state that the notice refers to theoretical insights gained in industrial scotchs and mentions a range of econometric techniques helpful in delineating the pertinent market. Therefore, primarily it is important to decide whether the undertaking is ascendent or not. The question of dominance hinges on several pointors and the interpretation of the facts available under the specific circumstances. It was held in United Brands Company and United Brands Continental BV v Commission of the European Communities, The dominant position referred to in Article 86 relates to a position of economic strength enjoye d by an undertaking which enables to prevent effective competitionIn general a dominant position derives from a combination of several factors, which taken separately, are not necessarily determinative (Eur-Lex, 1978), and thus it connotes wide meaning and interpretation. Vatiero states that In competition law the dominant position is accepted, that is, an undertaking having a dominant position is not itself a recrimination. The policy underlining the law is with author to the power to behave independent of its competitors to an appreciable extent. For instance, an undertaking cannot stop supplying a coarse standing customer under some pretext or other as this conduct is inconsistent with Article 3(F) of the treaty and paragraph B and C of Article 86 with in respect prejudicial or discriminatory treatment. Chamberlin (1962, p.61) states that both patents and trade-marks may be conceived of as monopoly elements of the goods to which they are attached. It is also necessary to cont end the shift in policy towards conflicting interests arising out of the rights over patents or trade-marks and competition. Entry barriers constitute as major stumbling block in promoting competition, which may lead into monopoly. Papasava (2004) states, The Chicago school perceivesthat a true barrier to entry is a cost to new entrants which was not applicable to the existing market operators when they entered the market The monopoly with reference to the pricing depends upon the elasticity of the demand for the product as well as the substitutes available. Monopoly may not equate to an economic monopoly if the relevant market is wider than the protected market. However, the fact that access to a market is protected by intellectual property rights may be relevant as a factor