The Foundations of European Union Competition Law: The Objective and Principles of Article 102
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.
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The Foundations of European Union Competition Law: The Objective and ...
Limited preview - 2011
abuse test analysis anti-competitive effects Antitrust apply Article 102 Article 82 EC assessment AstraZeneca barriers to entry British Airways British Gypsum collective dominance Commission Commission’s Compagnie Maritime Belge competition rules competitive harm conduct under review consumer harm test consumer surplus consumer welfare cost Court of Justice customers defence Deutsche Telekom dominant firm dominant position dominant undertaking dominant undertaking’s downstream ECLR effective competition efficient competitor test equally efficient competitor EU competition law exclusion Exclusionary Conduct facie abusive foreclosure France TÚlÚcom GlaxoSmithKline Guidance on Art Guidance on Article harm competition Hoffmann-La Roche ibid paras ibid recital intent internal market long-term social welfare margin squeeze market power market share merger Michelin Microsoft monopoly objective justification objective of competition oligopolistic ordoliberal output predation price discrimination profits prohibition proportionality rebates refusal to supply relevant restriction rivals TeliaSonera Tetra Pak TFEU tion trade Treaty tying vertical welfare objective