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

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: Introduction

- Part I Normative Foundations

- 2: Normative Theory of Competition Law

- 3: The Design of the Optimal Abuse Tests

- Part II Legal Foundations

- 4: The Objective of Article 102

- 5: The General Framework of the Abuse Tests in EU Law

- Part III Tests of Abuse

- 6: The Tests of Intent

- 7: The As Efficient Competitor Test

- 8: The Consumer Harm Test

- 9: Defences

- Part IV Analytic of the Concept of Dominance

- 10: Single Dominance

- 11: Collective Dominance

- Part V The Analytical Framework of Article

- 12: General Conclusion

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.