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BOOK EXCERPT:
The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
Product Details :
Genre |
: Law |
Author |
: Pinar Akman |
Publisher |
: Bloomsbury Publishing |
Release |
: 2012-02-03 |
File |
: 376 Pages |
ISBN-13 |
: 9781847318893 |
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BOOK EXCERPT:
The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team.
Product Details :
Genre |
: Law |
Author |
: Alison Jones |
Publisher |
: |
Release |
: 2019 |
File |
: 1353 Pages |
ISBN-13 |
: 9780198824657 |
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BOOK EXCERPT:
The complete guide to EU competition law, combining key primary sources with expert author commentary.The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author teamSelling Points--· Full, definitive coverage of every aspect of EU competition law - the complete guide tothe subject· Students are guided through the most important extracts from key cases, articles, and statutory material, all carefully selected and explained by this experienced authorteam· 'Central Issues' at the start of each chapter clearly identify key themes and principles discussed, to help readers navigate the material effectively· Extensive footnoting and further reading suggestions provide a thorough guide to the literature, giving students a starting point for their own research and readingNew to this edition--· Full analysis of important developments in competition law and policysince 2019, including relevant case-law, new EU legislation and notices and competition law goals;· A comprehensive discussion of the evolving law and policy governing market definition and vertical,horizontal cooperation and sustainability agreements;· A new chapter on competition law in the digital economy, incorporating a discussion of the Digital Markets Act.
Product Details :
Genre |
: |
Author |
: |
Publisher |
: Oxford University Press |
Release |
: 2023-08-10 |
File |
: 1424 Pages |
ISBN-13 |
: 9780192855015 |
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BOOK EXCERPT:
Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.
Product Details :
Genre |
: Law |
Author |
: Pier Luigi Parcu |
Publisher |
: Edward Elgar Publishing |
Release |
: 2017-02-24 |
File |
: 209 Pages |
ISBN-13 |
: 9781785367625 |
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BOOK EXCERPT:
Under Article 102 TFEU, dominant firms are allowed to compete, but only to the extent their market behaviour does not constitute an abuse. Needless to say, the wording of the article neither explains what an abusive restriction of competition is nor how such a practice can be identified. Rather than developing a one-size-fits-all test applicable to all forms of market behaviour by dominant firms, the European Court of Justice (ECJ) and the General Court (ex; Court of First Instance) have set out a system of tests for separate categories of conduct. Drawing on the full range of the EU Courts’ relevant case law, this very useful book analyses the conditions that must be fulfilled for a broad range of business practices to be deemed abusive within the meaning of Article 102 TFEU, and also identifies the criteria that must be fulfilled for a practice to be ‘objectively justified’. The potentially abusive practices studied here (as defined in the relevant case law) include the following: predatory pricing; margin squeezing; exclusivity agreements; loyalty rebates; refusals to supply to induce exclusivity; secondary line price discrimination; vexatious litigation; acquisitions of intellectual property rights (IPRs); refusals to supply necessary inputs; provision of storage equipment on the condition of exclusive use; selective above-cost price cuts; tying; technological integration; and refusal to license IPRs. The author also contrasts the Commission’s decisional practice with the case law, assesses approaches under U.S. antitrust law to similar forms of conduct, and incorporates insights from economic theory. This study greatly enhances our understanding of the distinction between abusive conduct and lawful competition. In the course of its clarification of the EU Courts’ responses to individual forms of market behaviour, an overall approach to the identification of exclusionary abuses under Article 102 TFEU begins to come into view. Apart from the important new synthesis the work offers legal scholars, there can be little doubt this book will prove a valuable asset and even an inspiration to competition lawyers.
Product Details :
Genre |
: Law |
Author |
: Eirik Østerud |
Publisher |
: Kluwer Law International B.V. |
Release |
: 2010-11-15 |
File |
: 370 Pages |
ISBN-13 |
: 9789041142504 |
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BOOK EXCERPT:
This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights. It is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.
Product Details :
Genre |
: Law |
Author |
: Pat Treacy |
Publisher |
: Edward Elgar Publishing |
Release |
: 2024-07-05 |
File |
: 555 Pages |
ISBN-13 |
: 9781781006894 |
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BOOK EXCERPT:
New to this edition: --
Product Details :
Genre |
: Law |
Author |
: Alison Jones |
Publisher |
: Oxford University Press, USA |
Release |
: 2010-10-14 |
File |
: 1377 Pages |
ISBN-13 |
: 9780199572731 |
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BOOK EXCERPT:
Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.
Product Details :
Genre |
: Law |
Author |
: Moritz Lorenz |
Publisher |
: Cambridge University Press |
Release |
: 2013-04-25 |
File |
: 427 Pages |
ISBN-13 |
: 9781107067325 |
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BOOK EXCERPT:
The European Competition Law Annual 2002 is the seventh in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The volume reproduces the materials of the roundtable debate that took place at the seventh Workshop.
Product Details :
Genre |
: Law |
Author |
: Claus-Dieter Ehlermann |
Publisher |
: Bloomsbury Publishing |
Release |
: 2005-01-13 |
File |
: 532 Pages |
ISBN-13 |
: 9781847310491 |
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BOOK EXCERPT:
During the last decade the European Commission has progressively adopted what is called a andmore economic approachand toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these andnewand methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionands State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the andmore economicand approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherands discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.
Product Details :
Genre |
: Law |
Author |
: Basedow |
Publisher |
: Kluwer Law International B.V. |
Release |
: 2011-01-01 |
File |
: 370 Pages |
ISBN-13 |
: 9789041131744 |