THE CONCEPT OF ABUSE IN EU COMPETITION LAW LAW AND ECONOMIC APPROACHES HART STUDIES IN COMPETITION LAW

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The Concept Of Abuse In Eu Competition Law

Author : Pinar Akman
ISBN : 9781847318893
Genre : Law
File Size : 77.55 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, 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.
Category: Law

The More Economic Approach To Eu Antitrust Law

Author : Anne C Witt
ISBN : 9781509909230
Genre : Law
File Size : 57.60 MB
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In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.
Category: Law

A Framework For European Competition Law

Author : Christopher Townley
ISBN : 9781509916450
Genre : Law
File Size : 57.19 MB
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This book asks whether the current push to increase uniformity in substantive and procedural competition policy and enforcement in Europe, as well as in related institutional structures, is desirable. It focuses on European Union (EU) competition policy and enforcement (related to Articles 101 and 102 TFEU and the merger rules), the equivalent rules in the Member States, and the relationships between these different legal orders. Uniformity has many benefits; yet, the advantages of diversity are also legion, enabling more policy experimentation and innovation; and improving the ability to accommodate national preferences. Contrary to the overwhelming view of academics, practitioners and regulators in this area, the book argues that uniformity is insufficient and examines ways of achieving a better mix of uniformity and diversity (the EU's motto is 'United in Diversity'). To achieve this better mix, the book offers a new framework for European competition law: Co-ordinated Diversity. Finally, this book discusses whether Co-ordinated Diversity fits with the current legal order in the EU, as well as the EU constitutional settlement more generally, and suggests some ways that it might be made compatible with this order with relative ease. The book's impact could be significant: changing the results in individual cases; the way cases are argued; and what information is relevant. More importantly, it builds the theoretical foundations for fundamentally altering the way in which the EU and the Member States' competition authorities interact, allowing space for disagreement and uncertainty. The aim is to improve the effiiciency and effectiveness of competition policy-making and enforcement in Europe. It should also increase the legitimacy in this field (rebalancing towards the Member States). Co-ordinated Diversity provides a new way of seeing the EU that better blends difference, when this is demanded, with uniformity and its benefits, as necessary. A timely and ambitious work, this book will be read with interest by all competition scholars.
Category: Law

The Oxford Handbook Of International Antitrust Economics

Author : Roger D. Blair
ISBN : 9780199388615
Genre : Law
File Size : 24.24 MB
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More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.
Category: Law

Global Competition Law And Economics

Author : Einer Elhauge
ISBN : 1849460442
Genre : Law
File Size : 85.79 MB
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Global markets have made antitrust law global as well. With mergers requiring approval in multiple jurisdictions, cartels in one nation affecting supply in others, and countries entering into treaties about the content or enforcement of competition laws, firms and antitrust lawyers no longer have the luxury of considering only the antitrust regulations of one nation. Antitrust law worldwide is also increasingly economic in its approach to analysing antitrust and competition policy. In the four yearssince the first edition, the globalization of antitrust law has continued apace. China has adopted an antitrust law. The EU has adopted a new Treaty, new guidelines on non-horizontal mergers, new regulations and guidelines on vertical agreements, and a Guidance Paper on abuses of dominance. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the incorporation of modern economic approaches in the revised 2010 U.S. Merger Guidelines. This edition addresses new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea. It also expands its coverage to add not only China's new antitrust law, but also the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela. This is the most global and economically sophisticated antitrust casebook on the market. Addressed to students from all jurisdictions having competition laws, it will also serve as a useful reference for practitioners, competition officials, and policy-makers interested in competition law anywhere in the world.
Category: Law

The Cambridge Yearbook Of European Legal Studies

Author : Alan Dashwood
ISBN : 9781841133614
Genre : Comparative law
File Size : 73.34 MB
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This yearbook provides a new forum for the scrutiny of significant issues in European Union Law, the law of the Council of Europe and comparative law with a European dimension.
Category: Comparative law

Article 82 Ec

Author : Ariel Ezrachi
ISBN : 1841132500
Genre : Law
File Size : 82.41 MB
Format : PDF
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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.
Category: Law

Handbook Of Antitrust Economics

Author : Paolo Buccirossi
ISBN : UOM:39015077605528
Genre : Business & Economics
File Size : 88.68 MB
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Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist’s view of the subject, describing the application of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. (The book uses the U.S. term "antitrust law" and the European "competition law" interchangeably, emphasizing the commonalities between the two jurisdictions.) After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance (or unilateral conducts), and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to "bidding markets," network industries, and two-sided markets. Contributors: Mark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paolo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrik Roller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Verge, Vincent Verouden, John Vickers, Gregory J. Werden.
Category: Business & Economics

Monopoly Policy In The Uk

Author : Roger Clarke
ISBN : UOM:39015047054260
Genre : Business & Economics
File Size : 38.81 MB
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'This book provides an excellent and comprehensive analysis of monopoly policy in the UK from 1973-1995.' - Aslib Book Guide 'I certainly think it is the most substantial and systematic assessment of the effects of UK monopoly policy ever undertaken.' - Micheal A. Utton, University of Reading, UK 'The main strength of the book is in its innovative structure and also in methodology. In addition to the arguments provided in the book the case study approach helps raising many intricate issues relating to market structure and behaviour of firms. Many of these issues have important theoretical implications and would have been lost in the maze of econometric approach. the theoretical discussions on monopoly types preceding case studies are helpful in understanding the cases. the book will be useful to the policymakers and students of market structure and market control.' - Pradosh Nath, Journal of Scientific and Industrial Research
Category: Business & Economics

Neue Wohnungsgemeinn Tzigkeit

Author : Jan Kuhnert
ISBN : 9783658175702
Genre : Political Science
File Size : 87.87 MB
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In diesem Buch werden umsetzungsorientierte Konzepte zur Einführung einer neuen Wohnungsgemeinnützigkeit in Deutschland auf der Grundlage der Erfahrungen in ihrer langen Geschichte (1851 bis 1989) entwickelt. Hierfür werden historische, rechtliche und politische Gesichtspunkte sowie die europarechtlichen Rahmenbedingungen aufbereitet. Anhand der Beispiele von Österreich und den Niederlanden werden auch zwei aktuelle Wege einer sozialen Wohnraumversorgung analysiert und nutzbar gemacht. Für eine neue Wohnungsgemeinnützigkeit werden schnell umsetzbare Maßnahmen sowie ein detailliertes Konzept für den Aufbau eines größeren gemeinwohlorientierten Wohnungsangebotes vorgeschlagen.
Category: Political Science