 Is Consumer Welfare Obsolete? A European Union Competition Perspective¿Es obsoleto el bienestar del consumidor? Una perspectiva de la competencia en la Unión EuropeaPost-Print from HAL Abstract: In 2005, the European Commission advocated a more economic approach to competition law enforcement. The sole criterion for assessing the legality of a market practice should be the assessment of its net effects on consumer welfare. The Court of Justice was reluctant to adopt this approach until the 2017 Intel judgment. Its approval - which is debatable insofar as the judgment may give rise to different interpretations - may seem paradoxical insofar as it is concomitant with a strong challenge to the consumer welfare test in the United States. The purpose of this article is to retrace the history of this test, particularly in its adoption in the context of EU competition law. Our aim is to show that the criticisms of the effects-based approach can be addressed without moving away from the consumer welfare test, but rather by integrating it into a broader perspective that also takes into account the protection of the competition process itself. Keywords: Anticompetitive practices; Effects-based approach; Consumer welfare standard; Ordoliberalism; european union competition law (search for similar items in EconPapers) Published in PROLEGOMENOS, 2021, 24 (47), pp.55-78. ⟨10.18359/prole.4722⟩ There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it. Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:halshs-03317604 DOI: 10.18359/prole.4722 Access Statistics for this paper More papers in Post-Print from HAL |
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