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Foundations of European Union Competition Law: Objective and Principles of Article 102 (eBook)


ISBN13: 9780191630125
Published: November 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £65.00 + £13.00 VAT
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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.

Subjects:
Competition Law, eBooks
Contents:
1: Introduction

Part I Normative Foundations
2: Normative Theory of Competition Law
3: The Design of the Optimal Abuse Tests

Part II The Tests of Abuse
4: The Objective of Article 102
5: The General Framework of the Abuse Tests in EU Law
6: The Test of Intent
7: The As Efficient Competitor Test
8: The Consumer Harm Test
9: Defences

Part III The Tests of Dominance
10: Single Dominance
11: Collective Dominance
12: General Conclusion;

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