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Vol 21 No 11 Nov/Dec 2016

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The More Economic Approach to EU Antitrust Law


ISBN13: 9781849466967
Published: September 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



In stock.

In the late 1990s, the European Commission embarked on a long process of introducing a ‘more economic approach’ to EU Antitrust law.

One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking.

On the basis of an extensive empirical analysis of the Commission’s main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission’s enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission’s analyses, but fundamentally changed the Commission’s interpretation of the law.

Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly.

This book argues that the Commission’s new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. The Commission’s review of Article 102 is not satisfactory. Moreover, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

Subjects:
Competition Law, Law and Economics
Contents:
Part I 1. Triggers and Catalysts
2. The Process
3. The Agenda

Part II
4. A More Economic Objective
5. A More Economic Concept of Competitive Harm
6. A More Economic Concept of Countervailing Effects
7. A More Economic Test
8. A More Economic Methodology

Part III
9. Advantages
10. Compatibility with the Case Law
11. Other Concerns

Series: Hart Studies in Competition Law

Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039
To be published February 2018
Hart Publishing
£60.00
The EU's Antitrust Alternative ISBN 9781509910670
To be published April 2017
Hart Publishing
£55.00
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published July 2016
Hart Publishing
£24.99
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published July 2016
Hart Publishing
£36.99
£70.82 + £14.17 VAT
(ePub)
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£78.00
£62.49 + £12.50 VAT
(ePub)
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
Hart Publishing
£95.00
£79.16 + £15.83 VAT
(ePub)
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£49.99 + £10.00 VAT
(ePub)
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
Hart Publishing
£50.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
Hart Publishing
£75.00
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
Hart Publishing
£30.82 + £6.17 VAT
(ePub)
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European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
Hart Publishing
£70.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
Hart Publishing
£58.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
Hart Publishing
£110.00
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£79.16 + £15.83 VAT
(ePub)
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Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
Hart Publishing
£80.00
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£53.00
State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
Hart Publishing
£55.00
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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£70.82 + £14.17 VAT
(ePub)
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