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


ISBN13: 9781509909278
Published: August 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £44.99
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

Competition Law and Economic Inequality ISBN 9781509959273
To be published June 2024
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Competition Law and Economic Inequality (eBook) ISBN 9781509959242
Published December 2022
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£85.50
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Competition Law and Economic Inequality ISBN 9781509959235
Published December 2022
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£95.00
Experimentalist Competition Law and the Regulation of Markets ISBN 9781509945504
Published June 2022
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£36.99
Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509944583
Published March 2022
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£37.99
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement ISBN 9781509942480
Published January 2021
Hart Publishing
£95.00
£37.79
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Experimentalist Competition Law and the Regulation of Markets (eBook) ISBN 9781509910663
Published November 2020
Hart Publishing
Price on Application
(ePub)
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509910670
Published November 2020
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Price on Application
Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509945283
Published September 2020
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£36.99
Conceptualising Procedural Fairness in EU Competition Law (eBook) ISBN 9781509935420
Published September 2020
Hart Publishing
£34.19
(ePub)
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
Published September 2020
Hart Publishing
£95.00
£34.99
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
Hart Publishing
£34.99
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
Hart Publishing
£39.99
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
Hart Publishing
£28.99
£33.29
(ePub)
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
Published February 2019
Hart Publishing
£85.00
The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
Published September 2017
Hart Publishing
£85.00
£31.49
(ePub)
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
Hart Publishing
£90.00
£31.49
(ePub)
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Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published December 2016
Hart Publishing
£26.09
(ePub)
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published December 2016
Hart Publishing
£80.00
The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published November 2016
Hart Publishing
£95.00
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published June 2016
Hart Publishing
£31.99
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published June 2016
Hart Publishing
£43.99
£117.00
(ePub)
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
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£130.00
The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
Published June 2015
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£33.99
£144.00
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
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£160.00
Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
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£28.79
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
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£85.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
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£130.00
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
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£39.59
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European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
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£150.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
Hart Publishing
£95.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
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£85.50
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Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
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£190.00
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£171.00
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Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
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£140.00
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£126.00
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£130.00
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£117.00
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State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£81.00
(ePub)
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State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
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Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned