Is Consumer Welfare Obsolete? A European Union Competition Perspective

• Published in: PROLEGOMENOS Vol. 24; no. 47; pp. 55 - 78
• Main Author: Marty, Frédéric
• Format: Journal Article
• Language: English; Portuguese
• Published: Editorial Neogranadina 06.08.2021
• Subjects: Economics and Finance; Humanities and Social Sciences; Law; Anticompetitive practices; european union competition law; Effects-based approach; Consumer welfare standard; Ordoliberalism

In 2005, the European Commission advocated a more economic approach to competition law enforcement. The sole criterion for assessing the legality of a market practice should be the assessment of its net effects on consumer welfare. The Court of Justice was reluctant to adopt this approach until the...