Journal Contents

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ARTICLE CONTENTS

[Pages 71-90]
TOP OF ARTICLE

Introduction
I.  Overview of EU Competition Authorities and Summary of Relevant Competition Law
    A.  Overview of Enforcement/Regulatory Authorities and their Role in EU Competition Law
    B.  Overview of Relevant Treaty Provisions and Regulations
    C.  ECJ Case Law on Article 82—Determination of Existence of a Dominant Position and When an Abuse Occurs
        1.  What Constitutes a Dominant Position?
        2.  What Factors Are Relevant in Assessing the Existence of a Dominant Position?
        3.  What Type of Conduct Will Be Deemed an Abuse of a Dominant Position?
II.  The BA/AA Alliance, the Competition Issues Raised by the Alliance, and the Commission’s Recent Reaction to those Issues
    A.  Background on Framework of BA/AA Alliance and General Competition Issues Raised
    B.  Primary Competition Issue—Tremendous Market Power of the BA/AA Alliance
    C.  Commission’s Response to the Competition Issues Raised by the BA/AA Alliance
III.  Analysis of EU Issues Raised by BA/AA Alliance and Critique of Commission Opinion and EU Competition Policy
    A.  Analysis of Competition Issues Raised by Large International Airline Alliances Such as BA/AA
    B.  Critique of Commission Opinion and EU Competition Policy
Conclusion