In this issue:
What are the policy objectives underlying the collective dominance (â€œCDâ€) doctrine under Article 82 of the EC Treaty and what is the legal test governing its application? Even today these questions remain partially unanswered.
Collective Dominance Through Tacit Coordination: The Case for Non-Coordination Between Article 82 and Merger Control “Collective Dominance” Concept
This article will briefly outline the application of EC competition law to oligopolistic markets, with particular focus on tacit collusion between firms and the relationship between Article 82 and merger control.
The interpretation that collective dominance may be addressed by Article 82 may appear very effective from a theoretical point of view, but its application in the real world has proven so complex as to render it inoperative or even perilous.
Since the Commission first tackled the oligopoly issue under the Merger Regulation, there has been considerable development of the Commission’s policy in this area and, also, very significant clarifications from the Court of Justice and the