The International League of Competition Law Adopts Resolution Inspired by Professor Pinar Akman’s Research
At its Annual Congress on 1-4 October 2015 in Stockholm, the International League of Competition Law (LIDC) adopted a Resolution on Abuse of a Dominant Position and Globalization inspired by Professor Akman’s research.
For 2014-2015, Professor Akman was the International Reporter for the LIDC on the topic of abuse of a dominant position.
In this role, she was responsible for preparing a questionnaire to be sent to national reporters in twenty-one different jurisdictions on the topic of abuse of a dominant position (ie the competition law prohibition anticompetitive unilateral conduct) and for compiling an International Report on the same topic.
Professor Akman was also in charge of drafting a Resolution concerning abuse of a dominant position to accompany the International Report. The Resolution, reflecting very closely Professor Akman’s research in the area, has been unanimously adopted after discussions with Congress delegates and national reporters of the LIDC at the Congress on 3 October 2015.
In summary, the Resolution reflects the view that unilateral conduct that may be found abusive, and therefore breach competition law, must contain elements of exclusion as well as exploitation and must not be defensible by efficiencies that outweigh its harmful effects. The Resolution reflects Professor Akman’s research findings relating to the concept of abuse, the most comprehensive discussion of which can be found in her monograph The Concept of Abuse in EU Competition Law: Law and Economics Approaches (Hart Publishing, Oxford). The Resolution will now be sent to interested stakeholders, including the European Commission.
The LIDC is a long standing association which focuses on the study of competition (antitrust) law, intellectual property law and unfair competition, both at the national and international levels. It promotes mainly the principles of fairness and justice in competitive trade. The main members of the LIDC are National and Regional Groups that agree with the purposes of the League in taking part to its activities.
Every year, the LIDC organises an international Congress to study two questions related to competition (antitrust) law, intellectual property law and/or unfair competition. National and Regional Groups write a national report on each question. The national reports constitute the basis of an in-depth international report discussed during the Congress to finally adopt a resolution proposed by the International Reporter. The resolutions, adopted during the General Assembly, propose solutions relating to the question debated and suggest recommendations which are sent to national and international authorities.