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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Competition Law and the Enforcement of Article 102

Edited by: Federico Etro, Ioannis Kokkoris

ISBN13: 9780199586189
Published: December 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £160.00

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With incisive and thought-provoking contributions from both leading academics and practitioners, this book addresses in detail the major areas in relation to the Commission Guidance Paper on Applying Article 82 of the EC Treaty (now Article 102).

The paper has been at the centre of much of the recent debate on antitrust policy in Europe and has generated significant controversy and intense debate. The authors contend that the guidance from the Commission is on the one hand entirely justifiable in its focus on consumer harm in identifying what constitutes an abuse, but that on the other is not consistent enough in its message, nor indeed does it offer enough structural guidance on the practical application of the approach.

The book addresses all of these concerns, considers the reform of article 102, and identifies the challenges inherent in its enforcement, looking for instance at enforcement in certain sectors, such as the high tech sector.

The book considers recent seminal antitrust cases such as the Microsoft case to illuminate and better understand abuse of dominance. It brings a line of clarity to often contradictory messages and in so doing provides invaluable practical guidance to enforcers and practitioners alike.

Competition Law
1: Federico Etro & Ioannis Kokkoris: Toward an Economic Approach to Article 102
2: Damien Geradin: Does the Guidance Paper on Article 102 Matter?
3: Philip Marsden: Some outstanding issues from the European Commission's Guidance on Article 102: Not-so-faint echoes of Ordoliberalism
4: Yannis Katsoulacos & David Ulph: Optimal Enforcement and Decision Structures for Competition Policy: Economic Considerations
5: Assimakis Komninos & Katarzyna Czapracka: IP Rights in the EU-Microsoft Saga
6: Jean-Yves Art & Pablo Ibáñez Colomo: Judicial Review in Article 102
7: Denis Waelbroeck: The assessment of efficiencies under Article 102 and the Commission's Guidance Paper
8: Jean-François Bellis & Tim Kasten: Will Efficiencies Play an Increasingly Important Role in the Assessment of Conduct Under Article 102?
9: Ioannis Kokkoris: Is there a Gap in the Enforcement of Article 102?
10: Ioannis Lianos: Is the availability of 'appropriate' remedies a limit to competition law liability under Article 102?
11: Chiara Fumagalli, Jorge Padilla & Michele Polo: Damages for exclusionary practices: a primer