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The Law And Economics Of Article 102 Tfeu
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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 The Law and Economics of Article 102 TFEU by : Robert O'Donoghue QC
Download or read book The Law and Economics of Article 102 TFEU written by Robert O'Donoghue QC and published by A&C Black. This book was released on 2014-07-18 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics of Article 102 TFEU is a comprehensive, 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. Jointly authored by a lawyer and an economist, The Law and Economics of Article 102 TFEU contains an integrated approach to the legal and economic principles that frame policy in this major area of competition law. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition law enforcement against monopoly behaviour.
Book Synopsis The Law and Economics of Article 102 TFEU by : Robert O'Donoghue
Download or read book The Law and Economics of Article 102 TFEU written by Robert O'Donoghue and published by Hart Publishing. This book was released on 2013-10-08 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics of Article 102 TFEU is a comprehensive, 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. Jointly authored by a lawyer and an economist, The Law and Economics of Article 102 TFEU contains an integrated approach to the legal and economic principles that frame policy in this major area of competition law. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition law enforcement against monopoly behaviour.
Book Synopsis EU Competition Law and Economics by : Damien Geradin
Download or read book EU Competition Law and Economics written by Damien Geradin and published by OUP Oxford. This book was released on 2012-03-22 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.
Book Synopsis The Law and Economics of Article 102 TFEU by : Robert O'Donoghue
Download or read book The Law and Economics of Article 102 TFEU written by Robert O'Donoghue and published by . This book was released on 2020 with total page 1272 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 Intellectual Property and Antitrust by : Mariateresa Maggiolino
Download or read book Intellectual Property and Antitrust written by Mariateresa Maggiolino and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings to bear Professor Maggiolino?s considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino?s book covers a large range of IP practices by dominant firms where competition law can be invoked, including "sham" litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as "must" reading.
Book Synopsis Abusive Practices in Competition Law by : Fabiana Di Porto
Download or read book Abusive Practices in Competition Law written by Fabiana Di Porto and published by Edward Elgar Publishing. This book was released on with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant?
Book Synopsis The Foundations of European Union Competition Law by : Renato Nazzini
Download or read book The Foundations of European Union Competition Law written by Renato Nazzini and published by OUP Oxford. This book was released on 2011-12-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the internal market. Its application in practice has been controversial with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, social welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex questions as to how abuses can be assessed and how a dominant position should be defined. This book addresses the conceptual problems underlying the tests to be applied under Article 102 in light of the objectives of EU competition law. Adopting an interdisciplinary approach, the book covers all the main issues relating to Article 102, including its objectives, its relationship with other principles and provisions of EU law, the criteria for the assessment of individual abusive practices, and the definition of dominance. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.
Book Synopsis The Shaping of EU Competition Law by : Pablo Ibez Colomo
Download or read book The Shaping of EU Competition Law written by Pablo Ibez 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.
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 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 Competition Law and the Enforcement of Article 102 by : Ioannis Kokkoris
Download or read book Competition Law and the Enforcement of Article 102 written by Ioannis Kokkoris and published by OUP Oxford. This book was released on 2010-12-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With incisive and thought-provoking contributions from leading international academics and practitioners, this book addresses in detail the EU approach to antitrust and abuse of dominance, and considers in particular the Commission's guidelines for enforcing Article 102 of the EC Treaty.
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 The Oxford Handbook of International Antitrust Economics by : Roger D. Blair
Download or read book The Oxford Handbook of International Antitrust Economics written by Roger D. Blair and published by Oxford Handbooks. This book was released on 2015 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.
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 2019-09 with total page 1353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team. In this fast-paced subject area, the authors carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. Online resources: The text is accompanied by online resources containing: -An additional chapter on State Aid -Web links -Updates in the law
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 375 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 Exclusionary Abuse after the Post Danmark I case by : Anders Jessen
Download or read book Exclusionary Abuse after the Post Danmark I case written by Anders Jessen and published by Kluwer Law International B.V.. This book was released on 2017-07-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 102 TFEU constitutes that a firm holding a dominant position in its market is not allowed to abuse this dominant market power through unilateral conduct. Although this provision is clearly of great importance in curbing the adverse effects of market power, it remains far from clear when dominant firms exclusionary conduct is in breach of this provision. This book presents an in-depth analysis of the limited case law, soft law, and theory in the field of law and economics on the matter, confronting the complex issues raised by the effects-based approach used to determine whether competition law has been breached, and clarifying how this approach can best be applied in future cases. Among the issues and topics covered are the following: – relevant case law, notably Post Danmark I, Tomra, and Intel; – analyses and discussions of when and how to apply the effect-based approach, including by object restrictions; – economic theories in the context of Article 102 TFEU; and – predation versus exclusion. While the book is grounded in the legal framework it also applies a law and economics based approach with the aim of supporting the legal arguments and conclusions, and thereby providing more robust arguments for the reached conclusions. As the first study to offer a much-needed clarification of the assessment relating to exclusionary conduct within Article 102 TFEU after the Post Danmark I case, this book provides suggestions on how to structure the approach, thus creating greater legal certainty for dominant firms (and their competitors) and providing a sound basis for both practice and research in this area. It is sure to be read and studied widely by practitioners and academics concerned with the application of Article 102 TFEU.
