Abuse of dominant position, mergers : analysis of the evolution of the criterion granting the protection of freedom of choice in european competition law

What is the criterion protecting freedom of choice in EU competition law ? How does it interact with the EU competition law objectives ? How three instruments (2 for abuse of dominant position: effective competition and as-efficient competitor test, 1 for mergers : significant impediment to effective competition) has evolved and what links can be drawn between the formal aspects of the instruments and the purpose dimension of freedom of choice. This paper tries to answer those questions by an ECJ case-law as well as Commission documents analysis.