ABSTRACT

Article 82 of European Commission (EC) Treaty is designed to deal with the abuse, by one or more undertakings, of a dominant position, which arises by way of market power. This chapter examines the application of the concept of barriers to entry under Art.82 with a view to determining whether there is a case for EC competition authorities to re-appraise their approach to entry issues in the determination of dominance. It provides synoptic and conceptual analysis of entry barriers and their forms and reviews the approach of EC authorities, the policy considerations and scheme, which underpin this approach under Art.82. The examination of the concept of barriers to entry in the Harvard economic thought derived from the seminal work of J. S. Bain. The Chicago School holds that the existence of "barriers to entry" into markets is a myth. According to George J. Stigler, an exponent of the Chicago School, entry barrier analysis must distinguish between desirable entry and undesirable entry.