FOUNDATIONS EURO UNION COMP LAW OSEL C

1. Auflage 2011
ISBN: 978-0-19-922615-3
Verlag: ACADEMIC

Buch, Englisch, 488 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 889 g

Reihe: Oxford Studies in European Law

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.

Zielgruppe

Academics and postgraduate students, Practitioners (both lawyers and economists), competition officials, and policy makers

Autoren/Hrsg.

Nazzini

Nazzini, Renato

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Handels-, Wirtschafts- und Gesellschaftsrecht, Währungsrecht

Inhaltsverzeichnis

1: The Problem and the Structure of the Inquiry
2: The Objective of EU Competition Law
3: The Test for Abuse of Dominance and Whether It Includes Purely Exploitative 'Abuses'
4: The Proof of the Infringement
5: The Role of Dominance
6: Taxonomy of Abuses
7: Exclusionary Abuses
8: Discrimination
9: Intellectual Property Rights, Dynamic Efficiency, and Competition Law
10: Critique of Sector-specific Approaches to Article 82
11: From Theory to Practice: The Role of Error Costs in the Application of Article 82 in the EU
12: Establishing an Analytical Framework for Abuse of Dominance

Über Autor(innen)

Nazzini, Renato
Renato Nazzini is Reader in law at the University of Southampton. He holds doctorates from the Universities of Milan and London. Previously in private practice and then at the UK Office of Fair Trading, he has advised on cases involving alleged predatory/excess pricing, predatory pricing, parallel imports, margin squeeze, and financial services and has been involved in policy formulation at the OFT and as UK representative at the European Competition Network (the network of EU competition authorities coordinated by the European Commission) and at the OECD.

Renato Nazzini is Professor of Law and Director of Research of the Centre of Construction Law and Dispute Resolution at King's College London.