Neelie Kroes
European Commissioner for Competition Policy
Developments in anti-trust policy in the EU and the US
New York, 15th September 2006
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| I would like to turn now to 'unilateral' anti-competitive behaviour. This
| is what we in the EU call "abuse of a dominant position" further to Article
| 82 of our Treaty, which broadly equates to section 2 of your Sherman law.
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| As we all know, there are some significant differences between the two
| jurisdictions in this field. In the EU, we regulate the conduct of firms
| who have a 'dominant market position'. The Sherman law talks about conduct
| of companies who acquire or maintain monopolies. It's of course true that
| 'dominance' requires a lower market share than a 'monopoly', and some
| people like to make much of this difference.
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