It has been widely felt that the law and economics under Article 82 EC on abuse of dominant positions are unsatisfactory, and that a Commission Notice stating and, where necessary, modifying the legal position is needed. This paper summarises the main points that a Notice needs to explain and gives the reasons why. The author is a solicitor with Cleary Gottlieb Steen and Hamilton LLP, Brussels and London; Professor, Trinity College, Dublin; and Visiting Senior Research Fellow, Oxford.