The Foundations of European Union Competition Law
The Objective and Principles of Article 102
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 1 December 2011
- ISBN 9780199226153
- Binding Hardback
- No. of pages488 pages
- Size 240x164x44 mm
- Weight 878 g
- Language English 0
Categories
Short description:
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.
MoreLong description:
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.
Overall, the book is a thought-provoking account of art.102 that adds real value to the current literature on the subject.
Table of Contents:
Introduction
Part I Normative Foundations
Normative Theory of Competition Law
The Design of the Optimal Abuse Tests
Part II Legal Foundations
The Objective of Article 102
The General Framework of the Abuse Tests in EU Law
Part III Tests of Abuse
The Tests of Intent
The As Efficient Competitor Test
The Consumer Harm Test
Defences
Part IV Analytic of the Concept of Dominance
Single Dominance
Collective Dominance
Part V The Analytical Framework of Article
General Conclusion
