The Proportionality of the Refusal to Supply Doctrine under Article 102 TFEU - Omar Mashjari

The Centre for Business Law and Practice is delighted to welcome you to the latest work in progress seminar, delivered by Omar Mashjari (University of Leeds).

Abstract

Proportionality is a bedrock of upholding the rule of law. The notion conveys the idea that actions must be limited to what is necessary to achieve the objectives set and must be suitable to those objectives. Despite possessing the status of a General Principle under European Union (EU) law, the application of the principle to complex areas of economic law such as Article 102 TFEU can be ambiguous at times and lacking in clarity. In particular, there is a divergence as to the applicable standard of proportionality between that preferred by EU courts and the traditional normative rule of law standard. This research first reviews the case law of the EU courts and decisional practice of the European Commission relating to the refusal to supply/deal infringement, categorising cases/decisions depending the subject matter in a chronological order. It highlights the development of the doctrine over time and charts the changes in the legal test applied, with a view to subsequently evaluating the proportionality of the doctrine as a whole through the case law and decisional practice. The research then evaluates the differing standards of proportionality within the normative spectrum and amongst different areas of EU law to establish a proportionality test that can applied to the refusal to supply doctrine. Specifically, it considers the foundational relevancy of the suitability and necessity tests within the context of the Commercial Solvents landmark case, disserting a number of points of contention between the doctrine and the proportionality principle. This research is part of a wider study into the legitimacy of the refusal to supply doctrine, of which this proportionality analysis is one part.

About the Speaker

Omar Mashjari is a doctoral candidate in European competition law at the School of Law, University of Leeds. His primary research focus is abuse of dominance and he also researches the interaction between competition law provisions and the rule of law/legal theory.

Please register here for Omar's talk.

Location Details

Seminar Room 1.09,
School of Law
Liberty Building
University of Leeds
LS2 9JT

For sat navs, please use the postcode for Moorland Road, LS6 1AN. 

The Liberty Building can also be found on the campus map. 

All welcome. This is a free event, though registration is required.

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