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The More Economic Approach to EU Antitrust Law


ISBN13: 9781849466967
Published: November 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781509927951



Despatched in 4 to 6 days.

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. The Commission’s review of Article 102 is not satisfactory. Moreover, 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.

Subjects:
Competition Law, Law and Economics
Contents:
Part I 1. Triggers and Catalysts
2. The Process
3. The Agenda

Part II
4. A More Economic Objective
5. A More Economic Concept of Competitive Harm
6. A More Economic Concept of Countervailing Effects
7. A More Economic Test
8. A More Economic Methodology

Part III
9. Advantages
10. Compatibility with the Case Law
11. Other Concerns

Series: Hart Studies in Competition Law

Competition Law and Economic Inequality ISBN 9781509959273
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Competition Law and Economic Inequality ISBN 9781509959235
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509945504
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£36.99
Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509944583
Published March 2022
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£37.99
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement ISBN 9781509942480
Published January 2021
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Experimentalist Competition Law and the Regulation of Markets (eBook) ISBN 9781509910663
Published November 2020
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509910670
Published November 2020
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509945283
Published September 2020
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£36.99
Conceptualising Procedural Fairness in EU Competition Law (eBook) ISBN 9781509935420
Published September 2020
Hart Publishing
£34.19
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
Published September 2020
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£34.99
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
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£34.99
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
Hart Publishing
£39.99
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
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£28.99
£33.29
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
Published February 2019
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£85.00
The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
Published September 2017
Hart Publishing
£85.00
£31.49
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
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£90.00
£31.49
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Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published December 2016
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£26.09
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published December 2016
Hart Publishing
£80.00
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published June 2016
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£31.99
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published June 2016
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£43.99
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
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The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
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Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
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European Merger Remedies: Law and Policy ISBN 9781849464116
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Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
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Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
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Joint Ventures and EU Competition Law ISBN 9781841137933
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Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
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£171.00
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Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
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Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
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£126.00
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
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£130.00
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
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State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
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State Aid and the European Economic Constitution ISBN 9781849461054
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Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned