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The Abuse Of A Dominant Position Under Article 82 Of The Ec Treaty
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Book Synopsis The Abuse of a Dominant Position Under Article 82 of the EC Treaty by : Stephan H. Tribukait Vasconcelos
Download or read book The Abuse of a Dominant Position Under Article 82 of the EC Treaty written by Stephan H. Tribukait Vasconcelos and published by . This book was released on 2000 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Abuse of Dominance in EU Competition Law by : Pier Luigi Parcu
Download or read book Abuse of Dominance in EU Competition Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 209 pages. Available in PDF, EPUB and Kindle. 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.
Book Synopsis Abuse of a Dominant Position Under Article 82 of the E.C. Treaty, in the Air Transport Sector by : Sébastien Pechberty
Download or read book Abuse of a Dominant Position Under Article 82 of the E.C. Treaty, in the Air Transport Sector written by Sébastien Pechberty and published by . This book was released on 2002 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The object of the present thesis is to assess how the provisions of Article 82 of the E.C. Treaty have applied to the air transport sector prior and subsequent to deregulation, and how they remain indispensable, in the wake of emerging new factors that tend to keep the market of scheduled air services oligopolistic." --
Author :Ioannis Kokkoris Publisher :British Institute for International & Comparative Law ISBN 13 : Total Pages :148 pages Book Rating :4.F/5 ( download)
Book Synopsis A Gap in the Enforcement of Article 82 by : Ioannis Kokkoris
Download or read book A Gap in the Enforcement of Article 82 written by Ioannis Kokkoris and published by British Institute for International & Comparative Law. This book was released on 2009 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission has acknowledged and respected, in Regulation 1/2003, the ability of the Member States to apply stricter rules than Article 82. There are some types of conduct that cannot be addressed by Article 82 because the undertakings involved are not dominant. One relates to conduct by non-dominant firms against other firms in weaker bargaining positions. A second type of conduct, and the focus of this book, relates to the anti-competitive conducts that non-dominant firms may adopt towards consumers - e.g. price discrimination, excessive pricing, etc. This book focuses on instances where non-dominant firms have the ability to behave independently of customers and competitors and adopt conducts which will induce consumer harm. The Commission cannot address anti-competitive conduct of non-dominant firms which induce significant consumer harm. This has resulted from the application of the dominance concept and from the dependence of a finding of a dominant firm on the market share of the firm. This book illustrates that applying the concept of dominance in that way means that a non-dominant firm in a differentiated market can adopt anti-competitive conducts and not be deterred by the possible application of Article 82.
Book Synopsis The Concept of Dominance in EC Competition Law by : Damien Geradin
Download or read book The Concept of Dominance in EC Competition Law written by Damien Geradin and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first prong of Article 82 of the EC Treaty, which prohibits abuses of a dominant position, requires, prior to the identification of abusive behaviour, evidence that the firm under scrutiny enjoys a dominant position. Surprisingly, this issue seems to be sometimes overlooked. Enforcers, practitioners and scholars have recently paid greater attention to the concept of abuse than to the question of dominance when discussing Article 82 EC. This should not, however, be interpreted as a sign that the law of dominance is clear. Quite to the contrary, the concept of dominance raises a wide array of questions which are discussed in the sections that follow.
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 A Principled Approach to Abuse of Dominance in European Competition Law by : Liza Lovdahl Gormsen
Download or read book A Principled Approach to Abuse of Dominance in European Competition Law written by Liza Lovdahl Gormsen and published by Cambridge University Press. This book was released on 2010-03-04 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse? Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission's chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law. The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings' ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82.
Book Synopsis Refusal to Deal by : Christophe Humpe
Download or read book Refusal to Deal written by Christophe Humpe and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines how Article 82 of the EC Treaty (prohibiting the abuse of a dominant position) should be applied to refusal to supply cases. As a starting point, and for the sake of clarification, this paper explains (a) why the antitrust analysis of refusals to supply customers differs from the analysis of refusals to supply competitors (Part II), and (b) why a distinction must also be made between unilateral and concerted refusals to supply (Part III). The paper then deals with unilateral refusals to supply competitors. In this connection, there are two preliminary issues, namely (a) whether a distinction should be made between a first-time refusal to supply and the termination of an existing supply relationship; and (b) whether a distinction should be made between refusal to deal involving tangible property rights and refusal to licence IPRs. These issues are addressed in Part IV and Part V respectively. Part VI considers the respective merits of the various possible ways to apprehend unilateral refusals to supply under Article 82 (per se legality v. rule of reason approach v. the screens approach v. the exhaustive checklist approach). In Part VII an attempt is made to formulate a multi-pronged legal test. Part VIII briefly deals with the relationship between refusal to supply abuses and other types of potentially abusive conduct under Article 82. Finally, Part IX concludes by making a number of recommendations.
Author :Mark-Oliver Mackenrodt Publisher :Springer Science & Business Media ISBN 13 :3540699651 Total Pages :210 pages Book Rating :4.5/5 (46 download)
Book Synopsis Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? by : Mark-Oliver Mackenrodt
Download or read book Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? written by Mark-Oliver Mackenrodt and published by Springer Science & Business Media. This book was released on 2008-07-25 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
Book Synopsis The Perils of Harmonization by : Bruce Carolan
Download or read book The Perils of Harmonization written by Bruce Carolan and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust/Competition law is being increasingly harmonized around the globe. This harmonization is occurring on both a vertical and horizontal level. Horizontal, in the sense that countries are adopting antitrust/competition laws in their national law. Vertical in the sense that, international [trade] organizations are moving in the direction of adopting antitrust/competition norms in international conventions and treaties. A leading proponent of harmonization is the European Union. Individual member states of the EU have adopted antitrust/competition norms patterned after Articles 81 and 82 of the European Community Treaty, and the EU pushed for promotion of the so-called Singapore issues in the ongoing, if stalled, Doha Development negotiations of the World Trade Organization. Although the Singapore Issues, which included proposals for adopting antitrust/competition law norms through the WTO, are off the table, the view of EU on appropriate antitrust policy is an important factor in continued harmonization. This paper examines one such area of EU competition law - the refusal to supply spare parts as constituting an abuse of a dominant position and therefore a violation of antitrust laws. The paper argues that the EU - through the enforcement agency of the European Commission - has proposed a dangerous standard for assessing whether such a refusal amounts to a violation of law. It argues for resisting adoption of this standard at the national or international level.
Book Synopsis The Concept of Abuse in EU Competition Law by : Pinar Akman
Download or read book The Concept of Abuse in EU Competition Law written by Pinar Akman and published by Bloomsbury Publishing. This book was released on 2012-02-03 with total page 376 pages. Available in PDF, EPUB and Kindle. 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.
Book Synopsis How True is it that the Concept of Abuse of a Dominant Market Position Has Been Stretched? by : Despina Prodromou
Download or read book How True is it that the Concept of Abuse of a Dominant Market Position Has Been Stretched? written by Despina Prodromou and published by . This book was released on 2000 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Abuse of a Dominant Position by : Eric van Damme
Download or read book Abuse of a Dominant Position written by Eric van Damme and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 82 of the EC Treaty states that any abuse of a dominant position is prohibited, and mentions four examples of abuses: (i) directly or indirectly imposing unfair prices or other unfair trading conditions; (ii) limiting production or development to the prejudice of consumers; (iii) unequal treatment of trading parties, thereby placing some at a competitive disadvantage; and (iv) making use of tying contracts, hence, forcing unnecessary supplementary obligations on customers.
Book Synopsis European Competition Law Annual 2007 by : Claus-Dieter Ehlermann
Download or read book European Competition Law Annual 2007 written by Claus-Dieter Ehlermann and published by Bloomsbury Publishing. This book was released on 2008-11-28 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the twelfth in a series on EU Competition Law and Policy produced by the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the written contributions and transcripts in connection with a roundtable debate which examined the EU's enforcement policy as regards the abuse of a dominant position under Article 82 EC. The workshop participants included: senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and Federal Trade Commission; and renowned international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues structured according to three broad lines of discussion: 1) comparisons of the concept of monopolization under Section 2 of the Sherman Act with that of abuse of dominance under Article 82 EC; 2) a reformed approach to exclusionary unilateral conduct; and 3) exploitative unilateral conduct and related remedies.
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.
Download or read book Bellamy & Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
Book Synopsis Evolutionary Trends of EC Competition Law - Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis by : Luís Silva Morais
Download or read book Evolutionary Trends of EC Competition Law - Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis written by Luís Silva Morais and published by Leya. This book was released on 2023-07-24 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Luís Silva Morais - Evolutionary Trends of EC Competition Law ? Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis Este artigo faz parte da Revista de Concorrência e Regulação ? Ano 1 ? N.o 1 ? Janeiro-Março 2010 Consulte a página da revista em http://cr.almedina.net Esta revista está também disponível como parte de uma Assinatura.
