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Vol 21 No 10 Oct/Nov 2016

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


ISBN13: 9781849465694
Published: July 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00
Paperback edition , ISBN13 9781509909278



Low stock.

Also available as
£31.66
+ £6.33 VAT

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

Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039
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The EU's Antitrust Alternative ISBN 9781509910670
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
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Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
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£30.82 + £6.17 VAT
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
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£20.82 + £4.17 VAT
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
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£50.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
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£75.00
European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
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Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
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£45.82 + £9.17 VAT
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Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
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£58.00
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
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£79.16 + £15.83 VAT
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Joint Ventures and EU Competition Law ISBN 9781841137933
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£110.00
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
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£66.66 + £13.33 VAT
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Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
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£80.00
Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
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£53.00
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
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£41.66 + £8.33 VAT
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State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
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£45.82 + £9.17 VAT
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State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
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£55.00
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