Controlling Dominance in European Markets

The theme of this Article addresses an area of European Union ("EU") law that has witnessed continuing complex questions for regulation: the role of law in the evolving processes of controlling dominance through competition laws in the liberalized markets of Europe. These markets offer new challenges for competition law, especially where new business platforms emerge. These markets also present new challenges in identifying how far a private law right of freedom to contract and rights to property can be reconciled with the demise of the state in providing essential services to citizens and the replacement of such services with new universal obligations provided by state and non-state (private) undertakings. Europe is in an exciting period of addressing a move away from a purely formal application of its laws on dominant positions to and a move closer towards a U.S.-style, effects-based approach.

This Article sets the European debate in its legal and political context in order to address the challenges facing Europe.