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Fidelity Rebates In Competition Law
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Book Synopsis Fidelity Rebates in Competition Law by : Miroslava Marinova
Download or read book Fidelity Rebates in Competition Law written by Miroslava Marinova and published by Kluwer Law International B.V.. This book was released on 2018-11-07 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the treatment of fdelity rebates as one of the most controversial topics in EU competition law. The controversy arose from the lack of clarity as to how to distinguish between rebates that constitute a legitimate business practice and those that might have anticompetitive e?ects, as the same type of rebates could be pro-competitive or anticompetitive depending on their e?ects on competition. This book clarifes the appropriate treatment of fdelity rebates under EU competition law by o?ering original insights on the way in which abusive rebates should be identifed, taking into account the wealth of EU case law in this area, the economics' literature and the perspective of US antitrust law. The critical discussion on the case law is centred on the idea as to whether the as efcient competitor (AEC) test is an important part of the assessment of fdelity rebates and in which circumstances it could be used as one tool among others. The analysis treats such issues and topics as the following: – What motivated the EU Courts to treat fdelity rebates as illegal ‘by object'? – Why has this case law drawn so much criticism from academics and other commentators? – What can we learn from the economic theories of exclusive dealing and fdelity rebates, and whether the strict approach of the Courts can be supported by economic empirical studies? – What is the meaning attached to the notion of an ‘e?ects-based' approach as an expression of the reform of Article 102? – Why is the controversy regarding the treatment of fdelity rebates still a live issue after the Intel and the Post Danmark II judgments? – In which circumstances the price-cost test can be used as a reliable tool to distinguish between anticompetitive and pro-competitive fdelity rebates? – Can we evaluate the e?ect of fdelity rebates without necessarily carrying out a price-cost test? – Can we consider the AEC test as a single unifying test for all types of exclusionary abuses? – What can we learn about the application of the AEC test in fdelity rebate cases from the recent US case law? A concluding chapter provides an original perspective and also policy recommendations on how the abusive character of fdelity rebates should be assessed including an appropriate legal test that is administrable, creates predictability and legal certainty and minimises the risk of errors and the cost of those mistakes. This book takes a giant step towards improving the understanding of the legal treatment of fdelity rebates and understanding as to whether the treatment of fdelity rebates could be e?ects-based, without necessarily carrying out an AEC test. It will also contribute signifcantly to the practical work of enforcement agencies, courts and private entities and their advisors. book's parallel study of US and EU competition law.
Book Synopsis Price and Prejudice by : Graciela Miralles Murciego
Download or read book Price and Prejudice written by Graciela Miralles Murciego and published by . This book was released on 2013 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis proposes an analysis of the evolving approach to abuse of dominance and monopolization through the case study of loyalty discounts as example of controversy both in the literature as well as in the case law. Much of this controversy draws from the fact that fidelity discounts constitute a price-based practice having similar effects to non price-based conducts such as exclusive dealing or tying. Therefore, evaluating their competitive impact necessarily requires a comprehensive assessment of vertical restraints as a whole. While the more economic approach to competition policy has influenced authorities' perception of rebates, different legal systems allow for different degrees of evolution in their actual assessment. This research puts into question the need for a hard law reform when it comes to practices calling for an economic assessment, given that the neutrality and consistency of economic tools may enable a soft law shifting of competition policy regimes.
Book Synopsis Exclusionary Practices by : Chiara Fumagalli
Download or read book Exclusionary Practices written by Chiara Fumagalli and published by Cambridge University Press. This book was released on 2018-01-11 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most controversial area in competition policy is that of exclusionary practices, where actions are taken by dominant firms to deter competitors from challenging their market positions. Economists have been struggling to explain such conduct and to guide policy-makers in designing sensible enforcement rules. In this book, authors Chiara Fumagalli, Massimo Motta, and Claudio Calcagno explore predatory pricing, rebates, exclusive dealing, tying, and vertical foreclosure, through a blend of theory and practice. They develop a general framework which builds on and extends existing economic theories, drawing upon case law, discussions of cases and other practical considerations to identify workable criteria that can guide competition authorities to assess exclusionary practices. Along with analyses of policy implications and insights applied to case studies, the book provides practitioners with non-technical discussions of the issues at hand, while guiding economics students with dedicated technical sections with rigorous formal models.
Book Synopsis The Reform of EC Competition Law by : Ioannis Kokkoris
Download or read book The Reform of EC Competition Law written by Ioannis Kokkoris and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
Book Synopsis The Shaping of EU Competition Law by : Pablo Ibáñez Colomo
Download or read book The Shaping of EU Competition Law written by Pablo Ibáñez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis The Controversy Over the Application of the 'as Efficient Competitor' Test as a Tool to Distinguish Pro-competitive from Anti-competitive Fidelity Rebates by : Miroslava Marinova
Download or read book The Controversy Over the Application of the 'as Efficient Competitor' Test as a Tool to Distinguish Pro-competitive from Anti-competitive Fidelity Rebates written by Miroslava Marinova and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The More Economic Approach Under Article 102 TFEU by : Marta Zalewska-Głogowska
Download or read book The More Economic Approach Under Article 102 TFEU written by Marta Zalewska-Głogowska and published by Nomos Verlagsgesellschaft. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the more economic approach marks the long-awaited review of EU prohibition of abuse of dominance. This work depicts the development of the more economic approach under Article 102 TFEU, and in particular analyses two Commission's documents: the 2005 Discussion Paper and the 2009 Priorities Paper. It also explains what the more economic approach in abuse of dominance cases means for EU institutions, namely the Commission's practice, and the case law of the CJEU. The author argues that despite the fact that the trend of the more economic approach in Europe is hallmarked by the clash between the Commission's policy and the jurisprudence of the CJEU, it appears undeniable that the process of the EU institutions' transition towards a more economic approach to Article 102 TFEU has begun. Finally, the work also provides a comparison between the US and EU abuse of market power regimes, and points to the most important similarities and discrepancies.
Book Synopsis The Analysis Of Competition Policy And Sectoral Regulation by : Martin Peitz
Download or read book The Analysis Of Competition Policy And Sectoral Regulation written by Martin Peitz and published by World Scientific. This book was released on 2014-07-07 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a selection of papers that were presented at the CRESSE Conferences held in Chania, Crete, from July 6th to 8th, 2012, and in Corfu from July 5th to 7th, 2013. The chapters address current policy issues in competition and regulation. The book contains contributions at the frontier of competition economics and regulation and provides perspectives on recent research findings in the field. Written by experts in their respective fields, the book brings together current thinking on market forces at play in imperfectly competitive industries, how firms use anti-competitive practices to their advantage and how competition policy and regulation can address market failures. It provides an in-depth analysis of various ongoing debates and offers fresh insights in terms of conceptual understanding, empirical findings and policy implications. The book contributes to our understanding of imperfectly competitive markets, anti-competitive practices and competition policy and regulation.
Book Synopsis An Introduction to EU Competition Law by : Moritz Lorenz
Download or read book An Introduction to EU Competition Law written by Moritz Lorenz and published by Cambridge University Press. This book was released on 2013-04-25 with total page 427 pages. Available in PDF, EPUB and Kindle. 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.
Book Synopsis Law and Economics of Article 102 TFEU by : Robert O'Donoghue KC
Download or read book Law and Economics of Article 102 TFEU written by Robert O'Donoghue KC and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 1608 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.
Book Synopsis Where Do We Stand on Discounts? by : Christian Bergqvist
Download or read book Where Do We Stand on Discounts? written by Christian Bergqvist and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dominant undertakings’ ability, under competition law, to award discounts and other loyalty inducing considerations are subject to much ambiguity and unsettled issues. Despite discounts being a commercial requirement, even for the dominant undertaking, it is difficult to draw up clear principles. And while the approach to non-dominant undertakings restriction of competition has been fundamentally recast over the last 20 years, the appraisal of single company behaviour remains more formal and rigid. However, recently there have been indications that some of the same leniency might have been extended to discounts and unilateral behaviour and in particular the 2017 Court of Justice ruling in Intel has reopened the discussions. The objective of this book is to provide guidance on the matter under EU and Nordic competition law and to align these with economic theory.
Book Synopsis The More Economic Approach to EU Antitrust Law by : Anne C Witt
Download or read book The More Economic Approach to EU Antitrust Law written by Anne C Witt and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.
Book Synopsis Competition Law of the European Union by : Van Bael & Bellis
Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Book Synopsis Competition Law and Policy in the EU and UK by : Barry J. Rodger
Download or read book Competition Law and Policy in the EU and UK written by Barry J. Rodger and published by Routledge. This book was released on 2014-09-19 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the EU and UK, including topics such as enforcement, abuse of dominance, anti-competitive agreements, cartels, mergers, and market investigations. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy to follow overview of the subject for course use. The fifth edition provides a full update for this well-established title, presenting and contextualising the impact of key cases, as well as changes to enforcement practice, and at a legislative and institutional level. There are new, separate chapters in this edition on private enforcement and UK market investigations to reflect the increasing significance of these key areas of competition law practice. Competition Law and Policy in the EU and UK integrates useful pedagogical features to help clarify topics and reinforce important points: chapter overviews and summaries highlight the key points to take away from each chapter to structure student learning discussion questions facilitate self-testing and seminar discussions of the major issues covered in each chapter, to help reinforce understanding of these topics further reading lists additional resources in order to guide research and develop subject knowledge a new glossary provides succinct explanations of competition law terminology, ideal for those studying the topic for the first time Clear, focused and student-friendly, this title offers a comprehensive resource for students taking competition law courses, and is supported online by updates to the law offered on Angus MacCulloch’s blog, Who’s Competing (http://whoscompeting.wordpress.com/).
Book Synopsis The Law and Economics of Article 82 EC by : Robert O'Donoghue
Download or read book The Law and Economics of Article 82 EC written by Robert O'Donoghue and published by Hart Publishing Limited. This book was released on 2014-05-14 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics of Article 82 EC is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 82 EC to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices, and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice, and more recent economic and legal writings. In addition, the major constituent elements of Article 82, such as market definition, dominance, effect on trade, and applicable remedies are considered at length. Jointly authored by a lawyer and an economist, The Law and Economics of Article 82 EC contains an integrated approach to the legal and economic principles that frame competition policy in this major area of competition policy. Although written primarily with practitioners and in-house lawyers in mind, The Law and Economics of Article 82 EC is essential reading for anyone with an interest in competition-law enforcement against monopoly behaviour.
Book Synopsis EU Competition Law by : Alison Jones
Download or read book EU Competition Law written by Alison Jones and published by Oxford University Press, USA. This book was released on 2010-10-14 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: New to this edition: --
