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2 Eur. Competition J. 1 (2006)

handle is hein.journals/eurcompet2 and id is 1 raw text is: European Competition Journal INTRODUCTION Much has been written about the Reform of Article 82. DG Competition's Discussion Paper canvasses various approaches: an underlying theme of a more economic approach, with pockets of remaining formalism. The deluge of consultation responses to the Discussion Paper address underlying principles, broad aims and standards of review, burden of proof and the relevance of efficiencies. What can this special issue of the European Competition Journal add to the debate? When we launched the journal last year we said it was time for a journal which provides a deep consideration of European competition policy from both the legal and economic perspectives. Our mission is to help foster learning and debate about how European competition law and policy can continue to develop in an economically rational way. There is no more pressing aspect of reform of European competition policy than in how the authorities and courts address conduct by dominant firms. Reform of Article 82 will involve a more economically rational approach, and a delicate combination of legal standards and burdens. We gave our own view of the Discussion Paper in the editorial to our Spring 2006 issue. Now in this special issue we publish works from some of the leading thinkers in the area: papers which take the debate to an entirely new level. We are very grateful to the many authors who submitted work in response to our call for papers. In the end we decided to publish the best original work that allowed us to display a reasonably balanced set of perspectives, and which was not otherwise available through DG Competition's official consultation. Some papers focus on the relevance of dominance analysis, what an effects-based approach means and why formalism in some areas may be necessary Other authors looked in detail at individual abuses, seeking to find coherence amongst diverse forms of conduct. The final joint paper by members of the Bundeskartellamt and the Competition Law Forum compares two opposed perspectives at the heart of the debate of Reform of Article 82: between those pursuing 'economic freedom', who would protect the structure of the market and competition as an 'institution' (whatever that means), and those who would intervene in the market only upon proof of likely harm to 'consumer welfare'. July 2006

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