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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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The Interface between Competition and the Internal Market: Market Separation under Article 102 TFEU


ISBN13: 9781509909278
Published: June 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £37.99
Hardback edition , ISBN13 9781849465694



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book explores the interface between competition law and market integration in the application of Article 102 TFEU, focussing on the notion of 'market separation' - namely conduct that may hinder cross-border trade.

The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-State competitors are affected.

'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play.

All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.

Subjects:
Competition Law, EU Law
Contents:
Introduction
1. Objectives of Article 102 TFEU and Market Integration: From a Historical Analysis to the Current Jurisdictional Approach
2. Market Separation under Article 102 TFEU: The Role of Dominance
3. Market Separation under Article 102 TFEU: The Role of Economic Justifications
4. Market Separation under Article 102 TFEU and the Role of Non-economic Justifications: A Question of Attribution
Shared Responsibility for Market Separation by Dominant Undertakings and the State: The Question of Attribution Revisited
6. Principled Attribution of Market Separation to the Dominant Undertaking and the State: A Revised State Action Defence
Conclusions

Series: Hart Studies in Competition Law

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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
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Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
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State Aid and the European Economic Constitution ISBN 9781849461054
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State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
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Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

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Publication Abandoned