Author : Fabiana Di Porto
Publisher : Edward Elgar Publishing
Page : 501 pages
File Size : 45,17 MB
Release :
Category : Antitrust law
ISBN : 1788117344
Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant?
Author : Anca D. Chirita
Publisher :
Page : 0 pages
File Size : 16,43 MB
Release : 2017
Category :
ISBN :
This sub-chapter explains the concept of abuse under EU competition law, in particular the distinction between exploitative and exclusionary abuses and the special responsibility of dominant undertakings not to abuse of their dominant position. It seeks to question the objective concept of abuse and what might amount to methods different from those which condition normal competition and whether a subjective concept of abuse would not extend the area of application of EU competition law to unfair methods of competition and unfair hindrance of competitors. From Hoffman-LaRoche to Intel undistorted competition serves both the purpose of EU competition and the law against unfair competition amongst competitors and it would need further clarification, including proper delimitation by the EU courts. It also draws parallels between the German concept of competition based on performance and competition based on merits as emphasized by the Act against Restraints of Competition, which is the public enforcement mechanism against anti-competitive practices, and the Act against Unfair Competition which is enforced by the courts via private litigation. This being said, the latter Act has as EU counterpart a Directive against unfair commercial practices. This questions, however, whether the action against Intel would extend the ambit of competition intervention based on an objective concept of abuse to a subjective concept where internal strategies amount to unfair methods of competition. If these strategies aim to foreclose rivals and competition law is concerned about the 'viability' of competitors would this mean that in effect EU competition law protects or should competitors?
Author : Francesco Russo
Publisher : Cambridge University Press
Page : 450 pages
File Size : 47,70 MB
Release : 2010-07-08
Category : Business & Economics
ISBN : 9780521117197
European Commission Decisions on Competition provides a comprehensive economic classification and analysis of all European Commission decisions adopted pursuant to Articles 101, 102 and 106 of the FEU Treaty from 1962 to 2009. It also includes a sample of landmark European merger cases. The decisions are organised according to the principal economic theory applied in the case. For each economic category, the seminal Commission decision that became a reference point for that type of anticompetitive behaviour is described. For this, a fixed template format is used throughout the book. All subsequent decisions in which the same economic principle was applied are listed chronologically. It complements the most widely used textbooks in industrial organisation, competition economics and competition law, to which detailed references are offered. The book contains source material for teachers and students, scholars of competition law and economics, as well as practising competition lawyers and officials.
Author : Mark-Oliver Mackenrodt
Publisher : Springer Science & Business Media
Page : 210 pages
File Size : 18,13 MB
Release : 2008-07-25
Category : Political Science
ISBN : 3540699651
As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
Author : Claus-Dieter Ehlermann
Publisher : Bloomsbury Publishing
Page : 714 pages
File Size : 24,55 MB
Release : 2006-03-14
Category : Law
ISBN : 1847310508
The European Competition Law Annual 2003 is the eighth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The volume reproduces the materials of the roundtable debate that took place at the eighth Workshop and is dedicated to the question What is an Abuse of a Dominant Position?. It contains the usual mix of expert discussion and expert papers presented by the participants at this annual gathering of leading EU and international experts on competition law.
Author : Vishnu S Warrier
Publisher :
Page : 0 pages
File Size : 32,16 MB
Release : 2023
Category :
ISBN :
Indian competition law follows the philosophy of contemporary competition laws and targets at nurturing competition and at protecting the relevant Indian markets to counter the anticompetitive practices by enterprises. The Competition Act, 2002 prohibits anticompetitive agreements, abuse of dominant position by enterprises, and regulates combinations with a view to ensure that there is no appreciable adverse effect on competition in the relevant Indian market. Section 4 of the Act deals with the abuse of dominant position by an enterprise. Abuse of a dominant position occurs when a dominant firm in a market, or a dominant group of firms, engages in conduct that is intended to eliminate or discipline a competitor or to deter future entry by new competitors, with the result, that competition is prevented or lessened substantially. Dominant position of a business entity or a group in its relevant market is determined by its capability to act independently of its competitors. In a perfectly competitive market, no enterprise has control over the market, especially in the determination of price of the product. In this article author attempts to identify the conditions under which there will be an abuse of copyright under the Competition Act, 2002. Under an economic analysis of copyright, author attempts to identify the conditions of abuse of a dominant position through a refusal to licence copyright should be. This articles, serves to elucidate the muddle prevailing in this area of the law. Article also intends to clarify the circumstances under which holder of a copyright abuses its dominant position.
Author : Claus-Dieter Ehlermann
Publisher :
Page : 671 pages
File Size : 20,14 MB
Release : 2006
Category :
ISBN :
Author : Pablo Ibáñez Colomo
Publisher : Cambridge University Press
Page : 389 pages
File Size : 25,86 MB
Release : 2018-07-12
Category : Law
ISBN : 1108429424
A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Author : Moritz Lorenz
Publisher : Cambridge University Press
Page : 427 pages
File Size : 22,5 MB
Release : 2013-04-25
Category : Law
ISBN : 1107067324
Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.
Author : Pranvera Këllezi
Publisher : Springer
Page : 637 pages
File Size : 43,4 MB
Release : 2017-05-05
Category : Law
ISBN : 331946891X
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.
