11th May, 2023 - At a time when the “consumer welfare” standard seems to be under attack in the competition law and policy world, Assimakis Komninos contributes to the debate with an article on how the case law of the Court of Justice of the European Union has viewed that standard over the years. 

While the Europeans observe the heated discussions in the US, Komninos asks himself: (i) if the Europeans are embracing a wrong dogma that has fallen out of favor in its birthplace? and (ii) if this latest embracement of consumer welfare by the EU Courts, is an anachronism?

Komninos says the increasing references to consumer welfare, which is a relatively recent phenomenon, have to be seen in the context of the EU case law becoming less formalistic and more attuned to economics, and to developing clear theories of harm which are based on effects as opposed to form. 

Appropriately, Makis’ article titles: “‘Consumer Welfare' and EU Courts: An Unexpected Refuge for a Persecuted Concept?”, which appears as a contribution to a book edited by Oles Andriychuk to honor the 25th anniversary of the book “Antitrust and the Bounds of Power” by Giuliano Amato.

Makis Komninos is a Partner at the Brussels office of White & Case LLP. He has acted or been part of a number of landmark cases before the European Courts and the European Commission, national competition authorities, national courts and arbitration tribunals. Makis  was  a  Commissioner  and  Member  of  the  Board  of  the  Hellenic  Competition  Commission  (HCC) between 2009 and 2011. He is currently a visiting fellow of the Centre for Law and Governance in Europe at University College London (UCL), and a member of the Executive Committee of the Global Competition Law Centre (GCLC) at the College of Europe. He is a prolific writer on legal matters and often gives speeches and seminars on EU law, an NGA to the International Competition Network (ICN), as well as a Member of the International Advisory Board of the IDC - Instituto de Derecho de la Competencia.