A new Discussion Paper by Peter Behrens is online: The ordoliberal concept of “abuse” of a dominant position and its impact on Article 102 TFEU

This paper explores the impact of ordoliberal thinking on the drafting of the prohibition of “abuse” of a dominant position in the market that was included in the competition rules of the Rome Treaty establishing the European Economic Community as well as on its interpretation by the Commission and the Court of Justice of the European Union (CJEU).