Article 82 EC

Reflections on Its Recent Evolution
Erscheinungsjahr 2009
ISBN: 978-1-84113-250-1
Verlag: Bloomsbury 3PL

Buch, Englisch, 232 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 523 g

Reihe: Studies of the Oxford Institute of European and Comparative Law

The landscape of European competition law has seen significant changes in the past decade, both in terms of enforcement and substantive application. One of the last frontiers to be subjected to scrutiny has been Article 82. In recent years the European Commission has pushed forward the debate on the nature and scope of Article 82. Of major significance to this debate were the Commission's Consultation Paper on an economic approach to Article 82, the Discussion Paper on the application of Article 82 to exclusionary abuses, and the Commission's recent Guidance on its enforcement priorities in applying Article 82.

The debate over the realm of Article 82 EC has raised important questions as to its past and present application. This collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution. The chapters cover a range of subjects, including the legal and economic implications of an effects-based approach to Article 82 EC, the recent Commission Guidance on Article 82 EC, the interface between intellectual property rights and competition law, licensing, tying, excessive pricing, and the protection of the consumer interest.

Autoren/Hrsg.

Ezrachi, Ariel

Fachgebiete

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

Inhaltsverzeichnis

1. Reform of Article 82 EC-Can the Law and the Economics be
Reconciled?

JAMES KAVANAGH, NEIL MARSHALL AND GUNNAR NIELS
2. Categorical Thinking in Competition Law and the 'Effects-based'
Approach in Article 82 EC

IOANNIS LIANOS
3. The Commission's Guidance on Article 82 EC and the Effects
Based Approach-Legal and Practical Challenges

ARIEL EZRACHI
4. The Evolution of the Notion of Consumer Interest in Light
of the Modernisation of Article 82 EC

ORIT DAYAGI-EPSTEIN
5. The Epithet That Dares Not Speak its Name: The Essential Facilities
Concept in Article 82 EC and IPRs after the Microsoft Case

STEVEN ANDERMAN
6. The Microsoft Case-at the Heart of the IP/Antitrust
Intersection

DAN EKLÖF
7. A Reformed Approach to Article 82 and the Special
Responsibility not to Distort Competition

KATHRYN MCMAHON
8. Rhetoric or Reform: Does the Law of Tying and Bundling
Reflect the Economic Theory?

PRANVERA KËLLEZI
9. The Darker Side of the Moon: Assessment of Excessive Pricing
and Proposal for a Post-entry Price-cut Benchmark

ARIEL EZRACHI AND DAVID GILO
10. The Sanction of Voidness Under Article 82 EC and its
Relation to the Right to Damages

ULF BERNITZ

Über Autor(innen)

Ariel Ezrachi is the Slaughter and May Lecturer in Competition Law at the University of Oxford and the Director of the Oxford Centre for Competition Law and Policy. He is a Fellow and Tutor in Law at Pembroke College, Oxford.