European Court of Justice Upholds Judgment of the European Court of First Instance in the British Airways/Virgin Saga
Kelyn Bacon, Nov 05, 2007
This case commentary analyzes the recent ruling of the European Court of Justice (ECJ) in the case of British Airways v. Commission. Like the Court of First Instance before it, the ECJ upheld the Commission´s decision in 2000, fining British Airways (BA) for the infringement of Article 82 EC through performance rebate schemes applied to the sales of BA tickets by travel agents. The Court´s judgment displays an apparent reluctance to engage in a proper economic assessment of BA´s schemes. Instead, the Court relies on a formbased approach to the application of Article 82 that has been criticized by many commentators. In addition, a number of important arguments are dismissed as inadmissible, or disposed of on grounds which are difficult to understand. These problems are regrettable in a case of this importance. However, in the opinion of this author, they should not hinder the Commission´s review of its policy on exclusionary abuses under Article 82; nor should the judgment in this case preclude a more rigorous legal and economic analysis in future Article 82 case law.
Links to Full Content
Featured News
Judge Mehta Questions Both Sides in Landmark Google Antitrust Case
May 2, 2024 by
CPI
FCC Urges Urgent Funding for Removal of Chinese Telecom Equipment from U.S. Networks
May 2, 2024 by
CPI
Former Pioneer CEO Facing Potential Criminal Charges For Colluding With OPEC
May 2, 2024 by
CPI
South Korea’s Antitrust Regulator Greenlights K-Pop Powerhouse Deal
May 2, 2024 by
CPI
Exxon’s Pioneer Purchase Approved, Former CEO Barred from Board
May 2, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI