The Foundations of European Union Competition Law: The Objective and Principles of Article 102

Front Cover
OUP Oxford, Dec 1, 2011 - Law - 488 pages
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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Contents

1 Introduction
1
NORMATIVE FOUNDATIONS
9
LEGAL FOUNDATIONS
105
TESTS OF ABUSE
187
ANALYTIC OF THE CONCEPT OF DOMINANCE
325
THE ANALYTICAL FRAMEWORK OF ARTICLE 102
389
Bibliography
403
Index
427
Copyright

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About the author (2011)

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

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