The Law And Economics Of Article 102 Tfeu
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Law And Economics Of Article 102 Tfeu
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Author : Robert O'Donoghue KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-09-03
Law And Economics Of Article 102 Tfeu written by Robert O'Donoghue KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-03 with Law categories.
“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.
The Law And Economics Of Article 102 Tfeu
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Author : Robert O'Donoghue QC
language : en
Publisher: A&C Black
Release Date : 2014-07-18
The Law And Economics Of Article 102 Tfeu written by Robert O'Donoghue QC and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
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.
The Law And Economics Of Article 102 Tfeu
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Author : Robert O'Donoghue
language : en
Publisher:
Release Date : 2020
The Law And Economics Of Article 102 Tfeu written by Robert O'Donoghue and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Monopolies categories.
""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"--
The Law And Economics Of Article 102 Tfeu
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Author : Robert O'Donoghue
language : en
Publisher: Hart Publishing
Release Date : 2013-10-08
The Law And Economics Of Article 102 Tfeu written by Robert O'Donoghue and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-08 with Law categories.
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.
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.
Eu Competition Law And Economics
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Author : Damien Geradin
language : en
Publisher: OUP Oxford
Release Date : 2012-03-22
Eu Competition Law And Economics written by Damien Geradin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
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.
Exclusionary Abuse After The Post Danmark I Case
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Author : Anders Jessen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-07-01
Exclusionary Abuse After The Post Danmark I Case written by Anders Jessen 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 2017-07-01 with Law categories.
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.
Comparative Competition Law And Economics
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Author : Roger J. Van den Bergh
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-09-29
Comparative Competition Law And Economics written by Roger J. Van den Bergh 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 2017-09-29 with Antitrust law categories.
Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches.
Restrictions Of Eu Competition Law In The Digital Age
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Author : Bernadette Zelger
language : en
Publisher: Springer Nature
Release Date : 2023-06-28
Restrictions Of Eu Competition Law In The Digital Age written by Bernadette Zelger and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-28 with Law categories.
This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
Intellectual Property And Antitrust
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Author : Mariateresa Maggiolino
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Intellectual Property And Antitrust written by Mariateresa Maggiolino 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 2011-01-01 with Law categories.
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.