This article analyzes the shift from a form based approach to an effects based approach for abuses of dominant position in the EU. It presents the different tests which have been proposed by economists and their use both in the EU and in the US. It calls far the publication of guidelines by the EC commission.
JENNY, F. (2008). Abus de position dominante et modernisation de l'article 82 du traité CE. In: Le nouveau droit communautaire de la concurrence. 1st ed. LGDJ Lextenso éditions, pp. 281-320.