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The Law and Economics of Article 102 TFEU 2nd ed (eBook)

Robert O'Donoghue, A. Jorge Padilla

ISBN13: 9781782251415

Published: September 2013

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: Out of print
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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 Abusive Dominance 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.

Subjects:: Competition Law, eBooks

Contents:: 1. INTRODUCTION, SCOPE OF APPLICATION, AND BASIC FRAMEWORK; 1.1 INTRODUCTION; 1.2 OBJECTIVES OF ARTICLE 102 TFEU; 1.3 SCOPE OF APPLICATION OF ARTICLE 102 TFEU; 1.4 RELATIONSHIP BETWEEN ARTICLE 102 TFEU AND OTHER LEGAL INSTRUMENTS; 2. HISTORY, DEVELOPMENT, AND REFORM; 2.1 INTRODUCTION; 2.2 HISTORY OF ARTICLE 102 TFEU; 2.3 DEVELOPMENT OF ARTICLE 102 TFEU; 2.4 THE REFORM OF ARTICLE 102 TFEU; 3. MARKET DEFINITION; 3.1 INTRODUCTION; 3.2 PRODUCT MARKET DEFINITION: BASIC CONCEPTS; 3.3 RELEVANT PRODUCT MARKETS: FROM THEORY TO PRACTICE; 3.4 GEOGRAPHIC MARKET DEFINITION; 3.5 SELECTED ISSUES ON MARKET DEFINITION; 4. DOMINANCE; 4.1 INTRODUCTION; 4.2 SINGLE FIRM DOMINANCE; 4.3 COLLECTIVE DOMINANCE; 4.4 DOMINANT BUYERS; 4.5 "SUPERDOMINANCE"; 4.6 COMPARING DOMINANCE UNDER ARTICLE 102 TFEU AND OTHER EU LEGISLATION; 4.7 SUBSTANTIAL PART OF THE COMMON MARKET; 5. THE GENERAL CONCEPT OF AN ABUSE; 5.1 INTRODUCTION; 5.2 THE ECONOMICS OF ABUSIVE UNILATERAL CONDUCT; 5.3 THE CATEGORIES OF ABUSE UNDER ARTICLE 102 TFEU; 5.4 ANTICOMPETITIVE EFFECTS UNDER ARTICLE 102 TFEU; 5.5 OBJECTIVE JUSTIFICATION; 6. PREDATORY PRICING; 6.1 INTRODUCTION; 6.2 THE ECONOMICS OF PREDATORY PRICING; 6.3 THE BASIC RULES ON BELOW-COST PRICE CUTTING UNDER ARTICLE 102 TFEU; 6.4 SPECIFIC ISSUES WITH BELOW-COST PRICING UNDER ARTICLE 102 TFEU; 6.5 EXCLUSIONARY ABOVE-COST PRICE CUTS UNDER ARTICLE 102 TFEU; 6.6 OBJECTIVE JUSTIFICATION; 7. MARGIN SQUEEZE; 7.1 INTRODUCTION; 7.2 THE ECONOMICS OF MARGIN SQUEEZE; 7.3 MINIMUM LEGAL CONDITIONS FOR A MARGIN SQUEEZE; 7.4 THE RELATIONSHIP BETWEEN MARGIN SQUEEZE AND OTHER ABUSES; 7.5 DIFFICULTIES WITH IDENTIFYING AN ANTICOMPETITIVE MARGIN SQUEEZE IN PRACTICE; 7.6 CONFLICTS BETWEEN REGULATION AND COMPETITION LAW IN MARGIN SQUEEZE CASES; 8. EXCLUSIVE DEALING AND RELATED PRACTICES; 8.1 INTRODUCTION; 8.2 ECONOMICS OF EXCLUSIVE DEALING; 8.3 EVOLUTION OF THE APPROACH TO EXCLUSIVE DEALING UNDER ARTICLE 102 TFEU; 8.4 ASSESSMENT OF EXCLUSIVE DEALING UNDER ARTICLE 102 TFEU; 8.5 OBJECTIVE JUSTIFICATION; 8.6 PRACTICES FALLING SHORT OF OUTRIGHT EXCLUSIVITY; 9. LOYALTY REBATES AND RELATED PRACTICES; 9.1 INTRODUCTION; 9.2 ECONOMICS OF LOYALTY REBATES; 9.3 ASSESSMENT OF LOYALTY REBATES UNDER ARTICLE 102 TFEU; 9.4 ANTICOMPETITIVE EFFECTS IN REBATE CASES; 9.5 OBJECTIVE JUSTIFICATION; 10. REFUSAL TO DEAL; 10.1 INTRODUCTION; 10.2 THE ECONOMICS OF REFUSAL TO DEAL; 10.3 THE DUTY TO DEAL WITH COMPETITORS; 10.4 DUTY TO DEAL WITH CUSTOMERS UNDER ARTICLE 102 TFEU; 11. TYING AND BUNDLING; 11.1 INTRODUCTION; 11.2 THE ECONOMICS OF TYING AND BUNDLING; 11.3 TYING AND BUNDLING UNDER ARTICLE 102 TFEU; 11.4 TYING IN AFTERMARKETS; 11.5 MIXED BUNDLING; 12. EXCLUSIONARY NON-PRICE ABUSES; 12.1 INTRODUCTION; 12.2 EXAMPLES OF EXCLUSIONARY NON-PRICE ABUSES; 13. ABUSIVE CONDUCT AND STANDARDS; 13.1 INTRODUCTION; 13.2 THE MEANING OF FRAND TERMS; 13.3 INJUNCTIVE RELIEF AND FRAND TERMS; 13.4 DECEPTION/MISREPRESTATION 7; 13.5 ABUSIVE ACQUISITION OR ACCUMULATION OF IPRs; 14. EXCESSIVE PRICING; 14.1 INTRODUCTION; 14.2 THE ECONOMICS OF EXCESSIVE PRICING; 14.3 THE LEGAL TEST(S) FOR EXCESSIVE PRICING; 14.4 DIFFICULTIES WITH THE CURRENT APPROACH TO EXCESSIVE PRICING; 14.5 ALTERNATIVE APPROACHES TO EXCESSIVE PRICING UNDER ARTICLE 102 TFEU; 14.6 CONCLUSION; 15. ABUSIVE DISCRIMINATION; 15.1 INTRODUCTION; 15.2 THE ECONOMICS OF PRICE DISCRIMINATION; 15.3 LEGAL CONDITIONS FOR ABUSIVE DISCRIMINATION; 15.4 EXAMPLES OF ABUSIVE DISCRIMINATION; 15.5 OBJECTIVE JUSTIFICATION; 16. OTHER EXPLOITATIVE ABUSES; 16.1 INTRODUCTION; 16.2 ABUSE OF MONOPSONY PURCHASING POWER; 16.3 UNFAIR AND EXPLOITATIVE CONTRACT TERMS; 17. EFFECT ON TRADE; 17.1 INTRODUCTION; 17.2 BASIC LEGAL CONDITIONS FOR EFFECT ON TRADE; 17.3 SPECIFIC APPLICATIONS OF THE EFFECT ON TRADE CONCEPT; 18. REMEDIES; 18.1 INTRODUCTION; 18.2 GENERAL PRINCIPLES GOVERNING REMEDIES; 18.3 PRINCIPAL TYPES OF ADMINISTRATIVE DECISIONS; 18.4 PRINCIPAL TYPES OF REMEDIES; 18.5 PRIVATE LITIGATION AND REMEDIES