This and the next seminar are connected: here we examine why the Commission felt the need to reform the law, how it went about doing so and with what possible results. Next week we look at some recent judgments to see what the ECJ has made of this policy reform.
In this seminar the readings are designed to help us think about why the Commission considered it necessary to change its approach to Article 102 enforcement, the challenges of the use of a more economics-based approach, and the salience of the resulting Guidance.
Compare and contrast the following
Case C-62/986 AKZO Chemie BV v Commission  ECR I-3359
(The Report above is a tad long, perhaps focus on the first part and then on the section on predatory pricing)
Secondary literature (pick a selection from the list below)
A-L Sibony ‘Limits of Imports from Economics into Competition Law’ In Lianos & Sokol (Eds.) The Global Limits of Competition Law (Stanford, 2012)
D.J. Gerber ‘The Future of Article 82: Dissecting the Conflict’ In Ehlermann and Marquis (Eds.) European Competition Law Annual 2007: A Reformed Approach to Article 82 EC (Hart, 2008) Available from: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2159343
A.C Witt ‘The Commission’s Guidance Paper on Abusive Exclusionary Conduct – more radical than it appears?’ (2010) 35(2) European Law Review 214