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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Dominance and Monopolization: Volume II

Edited by: Rosa Greaves

ISBN13: 9780754629108
Published: January 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £260.00



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Antitrust and competition law is a fast moving area of law and the subject of extensive academic research. The aim of this volume is to select articles as tools for understanding how antitrust and competition law is applied to unilateral conduct which is harmful to the consumer and to the competitiveness of the market. The articles examine the meaning of dominance and monopolisation and show that although legal and economic rules have been developed to establish whether undertakings hold such strong market positions, it is often difficult to determine with certainty that the undertaking being investigated meets the threshold. The various debates on pricing and non-pricing conduct are also represented as are the conflicts that have arisen regarding the exercise of intellectual property rights by powerful undertakings, particularly in the context of the new economies.The volume includes scholarly articles published on both sides of the Atlantic and enables a greater understanding of the application of antitrust and competition law from the point of view of economics and politics.

Subjects:
Competition Law
Contents:
Introduction
Part I The Meaning of Dominance and Monopolization: Monopolization and abuse of dominance in Canada, the United States, and the European Union: a survey, Brian A. Facey and Danny H. Assaf
The abuse of Hoffman La-Roche: the meaning of dominance under EC competition law, Frances Dethmers and Ninette Dodoo
Market Power: Market definition: an analytical overview, Jonathan B. Baker
Markets without substitutes: substitution versus constraints as the key to market definition, Cento Veljanovski
Assigning market shares, Gregory J. Werden
Application of the concept of barriers to entry under Article 82 of the EC Treaty: is there a case for review?, Oluseye Arowolo
Joint Dominance/Oligopoly: Oligopoly and the antitrust laws: a suggested approach, Richard A. Posner
Considering the oligopoly problem, Craig Callery
Interpreting the boundaries of collective dominance in Article 102 TFEU, Felix E. Mezzanotte. Part II Abuse and Violation: Pricing Practices: Predatory pricing and related practices under Section 2 of the Sherman Act, Phillip Areeda and Donald F. Turner
Exclusionary pricing and price discrimination abuses under Article 82 - an economic analysis, Derek Ridyard
Excessive prices within EU competition law, Liyang Hou
Refusal to Supply
The essential facility doctrine under US antitrust law, Robert Pitofsky, Donna Patterson and Jonathan Hooks
Harmonizing essential facilities, Spencer Weber Waller and William Tasch
The rise and fall of the essential facility doctrine, Ulf Muller and Anselm Rodenhausen
Margin Squeeze: Margin squeeze abuse, Liam Colley and Sebastian Burnside. Part III Dominance/Monopolisation and Intellectual Property Rights: Unilateral refusals to deal in intellectual and other property, Howard A. Shelanski
Challenges of the new economy: issues at the intersection of antitrust and intellectual property, Robert Pitofsky
Antitrust in the new economy, Robert A. Posner
Limiting the scope of Article 82 EC: what can the EU learn from the US Supreme Court's judgment in Trinko in the wake of Microsoft, IMS and Deutsche Telekom, Damien Geradin
Name index.