Document Type
Article
Publication Title
Notre Dame Law Review
Abstract
In 1890 the United States Congress enacted the Sherman Antitrust Act, which, in section 2, prohibits monopolization. In 1957 Western European nations ratified the Treaty of Rome, which, in article 86, prohibits abuse of a dominant position. In this article I examine the major European Court of Justice judgments regarding abuse of a dominant position, and the EC Commission proceeding against IBM. I compare the analysis and outcomes with U.S. law. Finally, I suggest some lessons that each system of law might hold for the other. In searching for lessons, I consider recent efforts within the United States to collapse all of antitrust into a single outcome-oriented efficiency rule. As I analyze the Common Market cases, I ask whether Common Market principles that explicitly incorporate values such as fairness, access, and choice necessarily impair prospects for efficient outcomes, and I suggest a defense in Common Market cases under article 86 that should assure efficient results in the Community and could provide guidance and insight for American policymaking.
First Page
981
Volume
61
Publication Date
1986
Recommended Citation
Fox, Eleanor M., "Monopolization and Dominance in the United States and the European Community: Efficiency, Opportunity, and Fairness" (1986). Faculty Articles. 394.
https://gretchen.law.nyu.edu/fac-articles/394
