ARTICLE 86, EXCESSIVE PRICES, AND REFUSALS TO DEAL

Abstract

Article 86 of the Treaty of Rome, which prohibits [a]ny abuse of a position,1 obviously invites comparisons with the declaration in Section 2 that it is unlawful monopolize.2 Both provisions deal with the behavior of single firms. Monopoly seems comparable to dominant position. Article 86 stands to Article 85 as Section 2 of the Sherman Act stands to Section 1 .3 There are Section 2 cases dealing with many of the functional problems dealt with under Article 86.