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The Concept Of Abuse In Eu Competition Law

Author: Pinar Akman
Publisher: Hart Pub Limited
ISBN: 9781849469722
Size: 11.34 MB
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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 raises an important question of legitimacy. This book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, it 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. 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 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.

Conceptual Foundations Of Antitrust

Author: Oliver Black
Publisher: Cambridge University Press
ISBN: 9781139448086
Size: 23.44 MB
Format: PDF, ePub, Mobi
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This is a philosophical study of concepts that lie at the foundation of antitrust - a body of law and policy designed to promote or protect economic competition. Topics covered are: the nature of competition; the relation between competition and welfare; the distinction between per se rules and rules of reason; agreements; concerted practices; and the spectrum from independent action to collusion. Although there are many legal and economic books on antitrust, this is the first book devoted to the philosophical scrutiny of the concepts that underpin it. No prior knowledge of philosophy is presupposed. The book is primarily directed at students, theorists and practitioners of antitrust, but will also be useful to lawyers, economists, philosophers, political scientists and others who have an interest in the discipline.

The Law And Economics Of Buyer Power In Eu Competition Policy

Author: Frederik van Doorn
ISBN: 9789462365643
Size: 62.26 MB
Format: PDF
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The trend of retail concentration across the European Union has raised concerns on the buyer power that retailers may have in the relation with their suppliers. Following calls that the changing nature of competition demands a change in EU competition policy, this book investigates whether there is a 'gap' in current EU competition law concerning the potential harmful effects of buyer power from an economic efficiency perspective. Using a Law and Economics approach, the book identifies the potential concerns and assesses whether they can be addressed under the existing rules. While some critical comments are in place with regard to the consumer welfare standard that is applied, the book's analysis does not indicate that the current substantive legal framework of EU competition law is unfit to address the (potential) harmful effects of buyer power. *** Librarians: ebook available on ProQuest and EBSCO [Subject: EU Law, Competition Law, Commercial Law, Trade Law, Law and Economics]

Competition Law And Policy In The Ec And Uk

Author: Barry Rodger
Publisher: Routledge
ISBN: 1134047770
Size: 74.49 MB
Format: PDF
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Competition law, at both the EC and UK levels, plays an important and ever-increasing role in regulating the conduct of businesses. Based on the premise that open and fair competition is good for both consumers and businesses, competition law prevents businesses from entering into anti-competitive agreements and from abusing their dominant market position. Competition Law and Policy in the EC and UK looks at how competition law affects business, including: co-ordinated actions; pricing behaviour; take-overs and mergers; and state subsidies. It provides a clear guide to and outline of the general policies behind, and the main provisions of EC and UK competition law. Information is presented within a structured framework, complete with a glossary of useful terminology. This fourth edition has been revised and updated to take into account developments since publication of the previous edition, including expanded coverage of the regulation of cartels, the development of private enforcement, the consideration of IP issues in Microsoft, and extended discussion of UK competition Law.

The Political Economy Of Regulation In Turkey

Author: Tamer Çetin
Publisher: Springer Science & Business Media
ISBN: 9781441977502
Size: 41.59 MB
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The Political Economy of Regulation in Turkey brings together leading international scholars and experts on Turkey and regulatory reform to provide essential information on the recent Turkish experience and its relation to competition policy. After the 1980 liberalization reform, Turkey tried to introduce competition in many industries, but network industries have remained as monopolies. At the end of the 1990s, regulatory reform was initiated and independent regulatory agencies have been established by the government. Comprehensive discussions of these network industries, in particular airlines, electricity, natural gas, telecommunications and environment regulations, are offered. The contributors inquire how economic theory and historical analyses can enlighten the character of market processes and the role for government action in these industries, and the contributions shed light on the very recent changes in the regulatory structure and important legal cases that shape the future of regulated industries. This book discusses these issues in an international perspective and relates the Turkish experience to other similar countries, such as in Eastern Europe and Central America. This book serves as a useful guide to those who want to understand major changes in Turkey and regulatory reforms in other emerging markets, making it of interest to researchers and PhD students concerned with regulatory economics, the Turkish economy, and economic policy in emerging markets.

Kerse Khan On Eu Antitrust Procedure

Author: Nicholas Khan
ISBN: 9781847039095
Size: 58.93 MB
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This volume provides a concise explanation of how the European Commission investigates infringments of EU competition law. It deals with topics such as the Commission's investigative powers, procedural rights of the parties concerned, and the methods for setting fines and judicial review against Commission decisions.

Article 82 Ec

Author: Ariel Ezrachi
Publisher: Hart Pub Limited
ISBN: 9781841132501
Size: 24.63 MB
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The landscape of European competition law has seen significant changes in the past decade, both in terms of enforcement and substantive application. One of the last frontiers to be subjected to scrutiny has been Article 82. In recent years the European Commission has pushed forward the debate on the nature and scope of Article 82. Of major significance to this debate were the Commission's Consultation Paper on an economic approach to Article 82, the Discussion Paper on the application of Article 82 to exclusionary abuses, and the Commission's recent Guidance on its enforcement priorities in applying Article 82.The debate over the realm of Article 82 EC has raised important questions as to its past and present application. This collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution. The chapters cover a range of subjects, including the legal and economic implications of an effects-based approach to Article 82 EC, the recent Commission Guidance on Article 82 EC, the interface between intellectual property rights and competition law, licensing, tying, excessive pricing, and the protection of the consumer interest.

Competition Law Challenges In The Next Decade

Author: Sofia Oliveira Pais
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 9782875743282
Size: 19.21 MB
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This publication is based on two seminars and international conferences that took place at Porto Law School, Catholic University of Portugal in March 2014 and March 2015, with the support of the European Commission, in order to contribute to a productive debate about the challenges of European Competition law in the next decade.