ABSTRACT
This chapter describes the jurisprudence of the European Court of Justice and the Court of First Instance, in their various forms. It analyses what behaviour they are capable of controlling: in particular the extent, they enable the European Commission to apply the competition rules and thereby control non-collusive parallel behaviour, particularly in oligopolistic markets. The chapter argues that the limitations placed on the principle of concerted practice under Article 85 to oligopolistic parallel behavior. Despite the reference within the text of Article 86 of it applying to the behaviour of more than one undertaking, the number of cases on joint or collective dominance is extremely limited and there have only been sporadic efforts by the Commission to develop its principles. The concept of concerted practice under Article 85 is well defined with a substantial body of case law and decisions.
