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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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The More Economic Approach to EU Antitrust Law


ISBN13: 9781509927951
Published: April 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £35.00
Hardback edition , ISBN13 9781849466967



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.

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

The EU's Antitrust Alternative ISBN 9781509910670
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
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Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published September 2016
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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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Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
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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
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Joint Ventures and EU Competition Law ISBN 9781841137933
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Cross-Border EU Competition Law Actions ISBN 9781849463744
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Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
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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 (eBook) ISBN 9781782250517
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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