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.
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Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the common market. Here the difficulties of assessing abuse in terms of Article 82 in light of the objectives of EU competition law are addressed to establish a robust and workable analytical framework for abuse of dominance.
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PART I NORMATIVE FOUNDATIONS ; PART II LEGAL FOUNDATIONS ; PART III TESTS OF ABUSE ; PART IV ANALYTIC OF THE CONCEPT OF DOMINANCE ; PART V THE ANALYTICAL FRAMEWORK OF ARTICLE
Overall, the book is a thought-provoking account of art.102 that adds real value to the current literature on the subject.
A scholarly, analytical discussion which contributes to the debate on the objectives of EU competition law and Article 102 at a crucial juncture in the development of the law. Contains innovative solutions to the problems addressed, which challenge fundamental assumptions and thus contribute to moving the debate and scholarly research in new directions. Detailed analysis of individual types of abuse, which gives comprehensive coverage of Article 82 case law and enforcement practice. Establishes a intellectually robust and practically workable analytical framework for abuse of dominance which is consistent with the key principles developed in the case law and the teleological interpretation of Article 102 within the overall framework of the EU Treaties. Clarifies and develops legal tests for exclusionary, exploitative, and discriminatory abuses in light of the relevant economic insights from the neoclassical foundations of competition law to post-Chicago game-theoretic analysis. Extensive critical review of the case law, Commission practice, and literature, which will inform both academics and practitioners.
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Renato Nazzini is Professor of Law and Director of Research of the Centre of Construction Law and Dispute Resolution at King's College London.
A scholarly, analytical discussion which contributes to the debate on the objectives of EU competition law and Article 102 at a crucial juncture in the development of the law. Contains innovative solutions to the problems addressed, which challenge fundamental assumptions and thus contribute to moving the debate and scholarly research in new directions. Detailed analysis of individual types of abuse, which gives comprehensive coverage of Article 82 case law and enforcement practice. Establishes a intellectually robust and practically workable analytical framework for abuse of dominance which is consistent with the key principles developed in the case law and the teleological interpretation of Article 102 within the overall framework of the EU Treaties. Clarifies and develops legal tests for exclusionary, exploitative, and discriminatory abuses in light of the relevant economic insights from the neoclassical foundations of competition law to post-Chicago game-theoretic analysis. Extensive critical review of the case law, Commission practice, and literature, which will inform both academics and practitioners.
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Produktdetaljer

ISBN
9780199226153
Publisert
2011
Utgiver
Vendor
Oxford University Press
Vekt
878 gr
Høyde
240 mm
Bredde
164 mm
Dybde
44 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
488

Forfatter

Om bidragsyterne

Renato Nazzini is Professor of Law and Director of Research of the Centre of Construction Law and Dispute Resolution at King's College London.