Abuse Of Dominant Position New Interpretation New Enforcement Mechanisms
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Abuse Of Dominant Position New Interpretation New Enforcement Mechanisms
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Author : Mark-Oliver Mackenrodt
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-07-25
Abuse Of Dominant Position New Interpretation New Enforcement Mechanisms written by Mark-Oliver Mackenrodt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-25 with Political Science categories.
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.
Abuse Of Dominance In Eu Competition Law
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Author : Pier Luigi Parcu
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Abuse Of Dominance In Eu Competition Law written by Pier Luigi Parcu and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with BUSINESS & ECONOMICS categories.
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.
The Transformation Of Enforcement
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Author : Hans W Micklitz
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-07
The Transformation Of Enforcement written by Hans W Micklitz and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-07 with Law categories.
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.
Identifying Exclusionary Abuses By Dominant Undertakings Under Eu Competition Law
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Author : Eirik Østerud
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Identifying Exclusionary Abuses By Dominant Undertakings Under Eu Competition Law written by Eirik Østerud and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
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. --
The Shaping Of Eu Competition Law
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Author : Pablo Ibez Colomo
language : en
Publisher: Cambridge University Press
Release Date : 2018-07-12
The Shaping Of Eu Competition Law written by Pablo Ibez Colomo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-12 with Law categories.
A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Collective Redress And Eu Competition Law
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Author : Eda Şahin
language : en
Publisher: Routledge
Release Date : 2018-12-13
Collective Redress And Eu Competition Law written by Eda Şahin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with categories.
Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
The Concept Of Abuse In Eu Competition Law
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Author : Pinar Akman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-03
The Concept Of Abuse In Eu Competition Law written by Pinar Akman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-03 with Law categories.
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.
Big Data And The Abuse Of Dominance By Multi Sided Platforms
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Author : Noby Thomas Cyriac
language : en
Publisher: Nomos Verlag
Release Date : 2022-07-25
Big Data And The Abuse Of Dominance By Multi Sided Platforms written by Noby Thomas Cyriac and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-25 with Law categories.
Der Autor untersucht interdisziplinär, inwieweit Art. 102 AEUV geeignet ist, den Wettbewerb vor dem missbräuchlichen Verhalten marktbeherrschender Plattformen zu schützen. Nach einer ersten Erörterung der Grundlagen der digitalen Wirtschaft, insbesondere Big Data und mehrseitige Plattformen, werden die relevanten Konzepte, die von EU-Kommission und EU-Gerichten in ihrer Entscheidungspraxis zur Auslegung von Art. 102 AEUV entwickelt wurden, näher beleuchtet, um ihre Eignung für das Missbrauchsverbot mit Blick auf Plattformbetreiber vor dem Hintergrund der Besonderheiten mehrseitiger Märkte zu bewerten. Auch das Vorhandensein und die Abgrenzung eines Datenmarktes werden diskutiert.
Collective Dominance And Collusion
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Author : Marilena Filippelli
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Collective Dominance And Collusion written by Marilena Filippelli and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
By examining the issue of collusion in EU and US competition law, this book suggests possible strategies for improving the antitrust enforcement against parallelism, by exploiting the most advanced achievements of economic analysis. The book contains a suggested approach to collusion, in ex ante and ex post perspectives. By moving from the analysis of the state of art, in terms of law, case law, and scholarship, Marilena Filippelli analyses inconsistencies and failures in the current antitrust enforcement toward collusion and develops a workable parameter for the issue of collective dominance. The most innovative part of this work goes beyond the analysis itself of collective dominance and involves the interference of arts. 101 and 102. The conclusion is a re-definition of the relationship between those rulesÑfrom dichotomy to redundancy. Finally, the book highlights the antitrust significance of semi-collusion, as a strategy made of collusion and competition. The author considers economic models equaling, as for the effects, collusion and semi-collusion and the case law supporting the qualification of semi-collusion as a species of collusion. The analysis involves both US and EU systems, under the highly topical economic-oriented approach. It also contains an original view of European antitrust prohibitions. Because of its contents and its approach, this book will be attractive to every academic interested in antitrust law. Moreover, the well-documented research on parallelism, involving law, case law and scholarship, makes this book interesting also for competition authorities and antitrust lawyers.
The Enforcement Of Eu Competition Rules By Civil Law
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Author : Nina Bucan Gutta
language : en
Publisher: Maklu
Release Date : 2014-11-04
The Enforcement Of Eu Competition Rules By Civil Law written by Nina Bucan Gutta and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-04 with Law categories.
Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.