Oligopoly Regulation in the European Union; Strengths and Weaknesses

Briefing Paper

June 2012

Oligopoly at its heart is one of the mostdifficult and controversial areas of European Union competition law toregulate. In this area of competition law two key questions arise frequently;what problems are encountered in the regulation of oligopolies? And howadequately have these been addressed by the European Union’s competition law?

To discuss this complex issue we mustlook at the European Union’s competition law, in particular Articles (Art.) 101and 102 of the Treaty on the Function of the European Union (TFEU) and howthese articles aim to regulate antitrust law with regards to oligopolies andwhat problems are faced by the concept and theories of oligopolies inregulating their behaviour. We will also examine the relevant case lawregarding oligopolies to discover both the commission and the European Court ofJustice’s (ECJ) interpretations of treaty Art.101 and 102 TFEU to determine thetrue extent of the problems that are encountered in the regulation ofoligopolies in the European Union.

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