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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?

2008-07-25 Political Science
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Release : 2008-07-25
Genre : Political Science
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Book Rating : 651/5 ( reviews)

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Book Synopsis Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? by : Mark-Oliver Mackenrodt

Download or read book Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? written by Mark-Oliver Mackenrodt. This book was released on 2008-07-25. Available in PDF, EPUB and Kindle. Book excerpt: As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.

'The Dominant Position and the Concept of Abuse'

2017
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Release : 2017
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Book Rating : /5 ( reviews)

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Book Synopsis 'The Dominant Position and the Concept of Abuse' by : Anca D. Chirita

Download or read book 'The Dominant Position and the Concept of Abuse' written by Anca D. Chirita. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: This sub-chapter explains the concept of abuse under EU competition law, in particular the distinction between exploitative and exclusionary abuses and the special responsibility of dominant undertakings not to abuse of their dominant position. It seeks to question the objective concept of abuse and what might amount to methods different from those which condition normal competition and whether a subjective concept of abuse would not extend the area of application of EU competition law to unfair methods of competition and unfair hindrance of competitors. From Hoffman-LaRoche to Intel undistorted competition serves both the purpose of EU competition and the law against unfair competition amongst competitors and it would need further clarification, including proper delimitation by the EU courts. It also draws parallels between the German concept of competition based on performance and competition based on merits as emphasized by the Act against Restraints of Competition, which is the public enforcement mechanism against anti-competitive practices, and the Act against Unfair Competition which is enforced by the courts via private litigation. This being said, the latter Act has as EU counterpart a Directive against unfair commercial practices. This questions, however, whether the action against Intel would extend the ambit of competition intervention based on an objective concept of abuse to a subjective concept where internal strategies amount to unfair methods of competition. If these strategies aim to foreclose rivals and competition law is concerned about the 'viability' of competitors would this mean that in effect EU competition law protects or should competitors?

The Transformation of Enforcement

2016-04-07 Law
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Release : 2016-04-07
Genre : Law
Kind : eBook
Book Rating : 931/5 ( reviews)

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Book Synopsis The Transformation of Enforcement by : Hans W Micklitz

Download or read book The Transformation of Enforcement written by Hans W Micklitz. This book was released on 2016-04-07. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.

Abuse of Dominance in EU Competition Law

2017-02-24 Law
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Release : 2017-02-24
Genre : Law
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Book Rating : 625/5 ( reviews)

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Book Synopsis Abuse of Dominance in EU Competition Law by : Pier Luigi Parcu

Download or read book Abuse of Dominance in EU Competition Law written by Pier Luigi Parcu. This book was released on 2017-02-24. Available in PDF, EPUB and Kindle. Book excerpt: Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.

Identifying Exclusionary Abuses by Dominant Undertakings Under EU Competition Law

2010-01-01 Law
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Release : 2010-01-01
Genre : Law
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Book Rating : 716/5 ( reviews)

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Book Synopsis Identifying Exclusionary Abuses by Dominant Undertakings Under EU Competition Law by : Eirik Østerud

Download or read book Identifying Exclusionary Abuses by Dominant Undertakings Under EU Competition Law written by Eirik Østerud. This book was released on 2010-01-01. Available in PDF, EPUB and Kindle. Book excerpt: The author also contrasts the Commission's decisional practice with the case law, assesses approaches under U.S. antitrust law to similar forms of conduct, and incorporates insights from economic theory. --

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