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Vol 22 No 6 June/July 2017

Book of the Month

Cover of Supperstone, Goudie and Walker: Judicial Review

Supperstone, Goudie and Walker: Judicial Review

Edited by: Helen Fenwick
Price: £267.00

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The Concept of Abuse in EU Competition Law: Law and Economic Approaches


ISBN13: 9781849469722
Published: June 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £26.99
Hardback edition , ISBN13 9781849461092



Low stock.

The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and raises an important question of legitimacy.

This book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, it establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about.

The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses.

The book investigates potential objectives, such as fairness and welfare, as well as potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.

Subjects:
Competition Law, Law and Economics
Contents:
PART I THEORETICAL AND HISTORICAL FOUNDATIONS
1. WELFARE AND OBJECTIVES OF COMPETITION LAW AND POLICY
2. THE HISTORICAL ROOTS OF ARTICLE 102 TFEU

PART II TWO POTENTIAL OBJECTIVES: 'WELFARE' AND 'FAIRNESS'
3. WELFARE IN ARTICLE 102 TFEU
4. 'FAIRNESS' IN ARTICLE 102 TFEU

PART III CONFLICTING OBJECTIVES IN PRACTICE: TWO CASE STUDIES
5. A CASE STUDY ON 'FAIRNESS' VERSUS 'WELFARE': 'UNFAIR PRICING' AS AN ABUSE
6. A CASE STUDY ON 'FAIRNESS' VERSUS 'WELFARE': 'DISCRIMINATION' AS AN ABUSE :

PART IV MODERNISING THE APPROACH TO 'ABUSE'
7. THE 'REFORMED' APPROACH TO 'ABUSE'
8. A NEW APPROACH TO 'ABUSE' CONCLUSION

Series: Hart Studies in Competition Law

The EU's Antitrust Alternative ISBN 9781509910670
To be published May 2018
Hart Publishing
£55.00
Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039
To be published April 2018
Hart Publishing
£60.00
The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
To be published September 2017
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£64.99
£49.99 + £10.00 VAT
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
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£60.00
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published October 2016
Hart Publishing
£50.00
Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published October 2016
Hart Publishing
£41.66 + £8.33 VAT
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published September 2016
Hart Publishing
£70.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published July 2016
Hart Publishing
£36.99
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published July 2016
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£24.99
£70.82 + £14.17 VAT
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£85.00
£70.82 + £14.17 VAT
(ePub)
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£83.32 + £16.67 VAT
(ePub)
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
Hart Publishing
£100.00
£49.99 + £10.00 VAT
(ePub)
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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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Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
Hart Publishing
£85.00
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
£55.00
European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
Hart Publishing
£90.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
Hart Publishing
£65.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£99.99 + £20.00 VAT
(ePub)
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Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
Hart Publishing
£120.00
Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
Hart Publishing
£90.00
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£74.99 + £15.00 VAT
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£75.00
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
Hart Publishing
£60.00
£79.16 + £15.83 VAT
(ePub)
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