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Most Downloaded Articles
- The Consumer Rights Directive – An Assessment of its Contribution to the Development of European Consumer Contract Law by Hall, Elizabeth/ Howells, Geraint and Watson, Jonathon
- The CFR and the Method(s) of Comparative Legal Research by Oderkerk, Marieke
- The case for a common European sales law in an age of rising nationalism by Hesselink, Martijn W.
- CESL, Legal Nationalism or a Plea for Appropriate Governance? by Grundmann, Stefan
- Cosmopolitanism and Transnational Private Law by Collins, Hugh
Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?
Citation Information: European Review of Contract Law. Volume 2, Issue 2, Pages 250–256, ISSN (Online) 1614-9939, ISSN (Print) 1614-9920, DOI: 10.1515/ERCL.2006.018, September 2006
- Published Online:
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.