As a general rule, an undertaking will not abuse its dominant position under Article 82 EC if it can provide an objective justification for its conduct. This rule has been stated by the European Commission and the European Courts on a number of occasions, but no systematic approach has ever been taken to its application. This article sets out to remedy this problem by providing a framework within which the defence of objective justification can be applied under Article 82. It does this, first, by examining how the defence fits within the overall analysis of Article 82. Second, by determining what types of objective justification a dominant undertaking may advance for its conduct and identifying the requirements which every defence must comply with in order to be effective. Third, it investigates how the defence of objective justification reacts to the anti-competitive effects of a dominant undertaking’s conduct. Finally, it concludes that a structured approach to the defence of "objective justification’’ ensures the uniform application of Article 82 post-modernisation.
World Competition