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Exclusionary Abuse after the Post Denmark I Case: The Role of the Effects-Based Approach under Article 102 TFEU


ISBN13: 9789041189967
Published: July 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £137.00



Despatched in 7 to 9 days.

Exclusionary Abuse after the Post Danmark I Case presents an in-depth analysis of the limited case law, soft law, and theory in the field of law and economics, confronting the complex issues raised by the effects-based approach used to determine whether competition law has been breached and clarifying how this approach can best be applied in future cases. According to Article 102 TFEU (Treaty on the Functioning of the European Union), a firm holding a dominant position in its market is not allowed to abuse this dominant market power through unilateral conduct. Although this provision is clearly of great importance in curbing the adverse effects of market power, it remains far from clear when dominant firms’ exclusionary conduct is in breach of this provision.

What’s in this book:

Among the issues and topics covered are the following:

  • relevant case law, notably Post Danmark I, Tomra, and Intel;
  • analyses and discussions of when and how to apply the effect-based approach, including by object restrictions;
  • economic theories in the context of Article 102 TFEU; and
  • predation versus exclusion.
While the book is grounded in the legal framework, it also applies a law- and economics-based approach with the aim of supporting the legal arguments and conclusions and thereby providing more robust arguments for the reached conclusions.

How this will help you:

As the first study to offer a much-needed clarification of the assessment relating to exclusionary conduct within Article 102 TFEU after the Post Danmark I case, this book provides suggestions on how to structure the approach, thus creating greater legal certainty for dominant firms (and their competitors) and providing a sound basis for both practice and research in this area. It is sure to be read and studied widely by practitioners and academics concerned with the application of Article 102 TFEU.

Subjects:
Competition Law
Contents:
Chapter 1 Introduction

Part I The Framework
CHAPTER 2 The Purpose of Article 102 TFEU
CHAPTER 3 Defining Anti-competitive Foreclosure Effects

Part II Research Question No.
1
Chapter 4 By Object Restrictions Within Article 102 TFEU

Part III Research Question No.
2              :
Chapter 5 Predation Versus Exclusion
Chapter 6 Predation
Chapter 7 Exclusion

Part IV Conclusions and Discussions
Chapter 8 Final Remarks

Bibliography
Table of Cases
Table of Legislation
Index

Series: International Competition Law

Directory of EU Case Law on State Aids 5th ed ISBN 9789403537085
Published September 2024
Kluwer Law International
£218.00
Directory of EU Case Law on State Aids 5th ed (eBook) ISBN 9789403537184
Published September 2024
Kluwer Law International
£218.00
(ePub)
Buy
Directory of EU Case Law on State Aids 4th ed ISBN 9789403544410
Published June 2022
Kluwer Law International
Out of print
Directory of EU Case Law on State Aids 4th ed (eBook) ISBN 9789403544519
Published June 2022
Kluwer Law International
Out of print
£110.00
£110.00
(ePub)
Buy
Information Exchange Between Competitors in EU Competition Law ISBN 9789403531830
Published March 2021
Kluwer Law International
£99.00
Information Exchange Between Competitors in EU Competition Law (eBook) ISBN 9789403531847
Published March 2021
Kluwer Law International
£99.00
(ePub)
Buy
£99.00
(ePub)
Buy
Regulating Vertical Agreements: A Comparative Law and Economics Review of the EU and Brazil ISBN 9789403526508
Published October 2020
Kluwer Law International
£99.00
£127.00
Antitrust Settlements: How a Simple Agreement Can Drive the Economy (eBook) ISBN 9789403511115
Published October 2019
Kluwer Law International
£111.00
(ePub)
Buy
Antitrust Settlements: How a Simple Agreement Can Drive the Economy ISBN 9789403511337
Published October 2019
Kluwer Law International
£112.00
Global Competition Enforcement: New Players, New Challenges ISBN 9789403502830
Published October 2019
Kluwer Law International
£109.00
Digital Competition Law in Europe: A Concise Guide ISBN 9789403516943
Published September 2019
Kluwer Law International
Out of print
Merger Control in the EU and Turkey: A Comparative Guide ISBN 9789403509341
Published September 2019
Kluwer Law International
Out of print
Fidelity Rebates in Competition Law: Application of the 'As Efficient Competitor' Test ISBN 9789403505701
Published November 2018
Kluwer Law International
£96.00
£138.00
Competition Law in the ASEAN Countries: Regional Law and National Systems ISBN 9789041191021
Published July 2018
Kluwer Law International
£98.00
EU State Aid Control of Infrastructure Funding ISBN 9789041190994
Published July 2018
Kluwer Law International
£137.00
Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
Published February 2018
Kluwer Law International
£126.00
The EU Leniency Policy: Reconciling Effectiveness and Fairness ISBN 9789041184795
Published October 2017
Kluwer Law International
£127.00
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
£254.00
Directory of EU Case Law on Competition 2nd ed (eBook) ISBN 9789041183644
Published August 2017
Kluwer Law International
£254.00
(ePub)
Buy
£159.00
£197.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£227.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£243.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£154.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£173.00
The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
Kluwer Law International
£167.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published November 2014
Kluwer Law International
£185.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£154.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£159.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£178.00
£185.00
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
£178.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£192.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£178.00
£147.00
Merger Control Regimes in Emerging Economies: A Case Study on Brazil and Argentina ISBN 9789041134028
Published January 2011
Kluwer Law International
£173.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£204.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£196.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£197.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£212.00
£264.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£223.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£223.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£176.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£266.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£176.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£190.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Out of print
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
£190.00
£190.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£197.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£247.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£154.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£186.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£130.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£180.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£154.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£180.00
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
£196.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£188.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£207.00
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
£197.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£162.00
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
£107.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned