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Vol 24 No 10 Oct/Nov 2019

Book of the Month

Cover of Lewis and Buchan: Clinical Negligence A Practical Guide

Lewis and Buchan: Clinical Negligence A Practical Guide

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Fidelity Rebates in Competition Law: Application of the 'As Efficient Competitor' Test


ISBN13: 9789403505701
Published: November 2018
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £96.00



Low stock.

Fidelity Rebates in Competition Law examines the treatment of fidelity rebates as one of the most controversial topics in EU competition law.

The controversy arise from the lack of clarity as to how to distinguish between rebates that constitute a legitimate business practice and those that might have anticompetitive effects, as the same type of rebates could be pro-competitive or anticompetitive depending on their effects on competition. This book clarifies the appropriate treatment of fidelity rebates under EU competition law by offering original insights on the way in which abusive rebates should be identified, taking into account the wealth of EU case law in this area, the economics’ literature and the perspective of US antitrust law.

The critical discussion on the case law is centred on the idea as to whether the ‘as efficient competitor’ (AEC) test is an important part of the assessment of fidelity rebates and in which circumstances it could be used as one tool among others.

What’s in this book:

The analysis treats such issues and topics as the following:-

  • What motivated the EU Courts to treat fidelity rebates as illegal ‘by object’?
  • Why has this case law drawn so much criticism from academics and other commentators?
  • What can be learnt from the economic theories of exclusive dealing and fidelity rebates, and whether the strict approach of the Courts can be supported by economic empirical studies?
  • What is the meaning attached to the notion of an ‘effects-based’ approach as an expression of the reform of Article 102?
  • Why is the controversy regarding the treatment of fidelity rebates still a live issue after the Intel and the Post Danmark II judgments?
  • In which circumstances the price-cost test can be used as a reliable tool to distinguish between anticompetitive and pro-competitive fidelity rebates?
  • Can the effect of fidelity rebates be evaluated without necessarily carrying out a price-cost test?
  • Can the AEC test be considered a single unifying test for all types of exclusionary abuses?
  • What can be learnt about the application of the AEC test in fidelity rebate cases from the recent US case law?
A concluding chapter provides an original perspective and also policy recommendations on how the abusive character of fidelity rebates should be assessed, including an appropriate legal test that is administrable, creates predictability and legal certainty and minimises the risk of errors and the cost of those mistakes.

How this will help you:

This book takes a giant step towards improving the understanding of the legal treatment of fidelity rebates and understanding as to whether the treatment of fidelity rebates could be effects-based, without necessarily carrying out an AEC test. This book thus contributes significantly to the practical work of enforcement agencies, courts and private entities and their advisors.

Subjects:
Competition Law
Contents:
Acknowledgements
Chapter 1
Introduction
Chapter 2
The Case Law on Fidelity Rebates Prior to the Adoption of the Guidance Paper
Chapter 3
The Economics of Fidelity Rebates
Chapter 4
The Modernisation of Article 102 TFEU and the Concept of the ‘Effects-Based’ Approach
Chapter 5
Recent Case Law on Fidelity Rebates
Chapter 6
The Treatment of Fidelity Rebates under US Antitrust Law: Predatory Pricing or Exclusive Dealing?
Chapter 7
Identifying the Standard for Evaluating Fidelity Rebates
Chapter 8
Conclusions
Table of Cases
Table of Legislation
Index

Series: International Competition Law

Directory of EU Case Law on State Aids 3rd ed ISBN 9789403511016
Published November 2019
Kluwer Law International
£124.00
Criminal Law Principles and the Enforcement of EU and National Competition Law: A Silent Takeover? ISBN 9789403514345
To be published November 2019
Kluwer Law International
£126.00
Antitrust Settlements: How a Simple Agreement Can Drive the Economy ISBN 9789403511337
Published October 2019
Kluwer Law International
£112.00
Global Competition Enforcement: New Players, New Challenges ISBN 9789403502830
Published October 2019
Kluwer Law International
£109.00
Digital Competition Law in Europe: A Concise Guide ISBN 9789403516943
Published September 2019
Kluwer Law International
£98.00
£138.00
Competition Law in the ASEAN Countries: Regional Law and National Systems ISBN 9789041191021
Published July 2018
Kluwer Law International
£98.00
EU State Aid Control of Infrastructure Funding ISBN 9789041190994
Published July 2018
Kluwer Law International
£124.00
Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
Published February 2018
Kluwer Law International
£126.00
The EU Leniency Policy: Reconciling Effectiveness and Fairness ISBN 9789041184795
Published October 2017
Kluwer Law International
£104.00
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
£209.00
£113.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£214.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£161.00
£130.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£160.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£101.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£113.00
The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
Kluwer Law International
£109.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published November 2014
Kluwer Law International
£122.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£101.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£105.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£118.00
£122.00
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
£118.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£126.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£118.00
£97.00
Merger Control Regimes in Emerging Economies: A Case Study on Brazil and Argentina ISBN 9789041134028
Published January 2011
Kluwer Law International
£113.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£134.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£131.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£133.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£143.00
£177.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£249.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£249.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£196.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£181.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£196.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£130.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Out of print
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
£211.00
£130.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£134.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£169.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£105.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£127.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£89.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£122.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£105.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£122.00
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
£134.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£129.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£142.00
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
£134.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£112.00
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
£75.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned