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Abuse of Dominance in EU Competition Law: Emerging Trends

Edited by: Pier Luigi Parcu, Giorgio Monti, Marco Botta

ISBN13: 9781785367618
Published: February 2017
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £85.00

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Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become 'abusive' under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by 'dominant' firms.

This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level. Employing a range of case studies, this illuminating book adds a cross-country perspective to the ongoing debate surrounding the scope of application of Article 102 of the TFEU; a debate largely caused by its ambiguous wording.

Besides analysing the case law of the EU Courts and EU Commission that determine what conduct falls in the 'abuse' box, a number of chapters examine the active contribution of national courts and competition authorities in the ongoing process of shaping the meaning of this legal provision.

Astute and discerning, this book will appeal to academics and researchers in the areas of EU competition law and policy. Its practical examples will also prove beneficial to practitioners and national competition authorities.

Competition Law
1. Introduction Pier Luigi Parcu, Giorgio Monti and Marco Botta
2. The role of intent in the assessment of conducts under Article 102 TFEU Pier Luigi Parcu and Maria Luisa Stasi
3. Article 102: Sources of Interpretation Giorgio Monti
4. Article 102 TFEU in the UK: Victims of Abuse, Go Directly to Court Richard Whish
5. Standard-essential patents and abusive patent injunctions - the interplay between German courts and the CJEU Heike Schweitzer
6. Finding of dominance in Austria and Germany - What is the proper role of presumptions of dominance? Florian Schuhmacher
7. Italy - New forms of abuse of dominance and abuse of law Mario Siragusa
8. Abuse of dominance in regulated sectors in Italy: recent enforcement trends Patrick Actis Perinetto and Mel Marquis
9. Sanctioning excessive energy prices as abuse of dominance; Are the EU Commission and the National Competition Authorities on the same frequency? Rozeta Karova and Marco Botta