Critical Analysis of the Anti-Trust Practice of Joint Dominance Under Article 82 of European Competition Law

Abstract

Competition law is very important in the union of European countries - this is because there is no better way to maintain healthy and homogeneous economic interests within the European common market if there is no laws or regulations in place to check the destructive monsters of monopoly or oligopoly. Days are gone when the search-light of competition regulations focused chiefly on monopolies, nowadays; firms can tacitly or overtly coordinate their affairs in such a way to induce a sick competitive atmosphere that doesn't augur well with the level-playing ground policy of the European Union. Joint dominance is one of the most recurrent modern way through which firms unleash their anti-competitive behavior. Unfortunately, this practice is growing stronger and bolder due to the lacuna in the European Treaty - laws in regulating it (Joint Dominance). This paper will critically analyse Article 82(102 TFEU) and the ECMR (European Union Merger Regulation) in order to explore the options available in combating the anti-competitive practice of joint dominance within the European Economic Zone.