[PDF] The More Economic Approach Under Article 102 Tfeu eBook

Author : Marta Zalewska-Głogowska
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 24,22 MB
Release : 2017
Category : Antitrust law
ISBN : 9783848739608

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The idea of the more economic approach marks the long-awaited review of EU prohibition of abuse of dominance. This work depicts the development of the more economic approach under Article 102 TFEU, and in particular analyses two Commission's documents: the 2005 Discussion Paper and the 2009 Priorities Paper. It also explains what the more economic approach in abuse of dominance cases means for EU institutions, namely the Commission's practice, and the case law of the CJEU. The author argues that despite the fact that the trend of the more economic approach in Europe is hallmarked by the clash between the Commission's policy and the jurisprudence of the CJEU, it appears undeniable that the process of the EU institutions' transition towards a more economic approach to Article 102 TFEU has begun. Finally, the work also provides a comparison between the US and EU abuse of market power regimes, and points to the most important similarities and discrepancies.

Author : Robert O'Donoghue KC
Publisher : Bloomsbury Publishing
Page : 1608 pages
File Size : 24,44 MB
Release : 2020-09-03
Category : Law
ISBN : 1509942963

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“A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.

Author : Anne C Witt
Publisher : Bloomsbury Publishing
Page : 379 pages
File Size : 35,73 MB
Release : 2016-11-17
Category : Law
ISBN : 1509909230

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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. Most worryingly, 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.

Author : Anne C Witt
Publisher : Bloomsbury Publishing
Page : 375 pages
File Size : 41,5 MB
Release : 2016-11-17
Category : Law
ISBN : 1509909222

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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. Most worryingly, 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.

Author : Moritz Lorenz
Publisher : Cambridge University Press
Page : 427 pages
File Size : 17,45 MB
Release : 2013-04-25
Category : Law
ISBN : 1107067324

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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 : Basedow
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 30,11 MB
Release : 2011-01-01
Category : Law
ISBN : 9041131744

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During the last decade the European Commission has progressively adopted what is called a and‘more economic approachand’ toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these and‘newand’ methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionand’s State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the and‘more economicand’ approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherand’s discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.

Author : Anders Jessen
Publisher : Kluwer Law International B.V.
Page : 298 pages
File Size : 14,58 MB
Release : 2017-07-01
Category : Law
ISBN : 9041190163

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Article 102 TFEU constitutes that a firm holding a dominant position in its market is not allowed to abuse this dominant market power through unilateral conduct. Although this provision is clearly of great importance in curbing the adverse effects of market power, it remains far from clear when dominant firms exclusionary conduct is in breach of this provision. This book presents an in-depth analysis of the limited case law, soft law, and theory in the field of law and economics on the matter, confronting the complex issues raised by the effects-based approach used to determine whether competition law has been breached, and clarifying how this approach can best be applied in future cases. Among the issues and topics covered are the following: – relevant case law, notably Post Danmark I, Tomra, and Intel; – analyses and discussions of when and how to apply the effect-based approach, including by object restrictions; – economic theories in the context of Article 102 TFEU; and – predation versus exclusion. While the book is grounded in the legal framework it also applies a law and economics based approach with the aim of supporting the legal arguments and conclusions, and thereby providing more robust arguments for the reached conclusions. As the first study to offer a much-needed clarification of the assessment relating to exclusionary conduct within Article 102 TFEU after the Post Danmark I case, this book provides suggestions on how to structure the approach, thus creating greater legal certainty for dominant firms (and their competitors) and providing a sound basis for both practice and research in this area. It is sure to be read and studied widely by practitioners and academics concerned with the application of Article 102 TFEU.

Author : Damien Geradin
Publisher : OUP Oxford
Page : 916 pages
File Size : 18,73 MB
Release : 2012-03-22
Category : Law
ISBN : 0191637491

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This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.

Author : Carsten Koenig
Publisher :
Page : 0 pages
File Size : 28,77 MB
Release : 2020
Category :
ISBN :

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Proponents of a 'more economic approach' (MEA) to EU competition law criticise the case law on abuse of dominance as overly form-based - i.e. as being built on categorizations rather than case-specific assessments of actual competitive effects. While the Commission has largely accepted this criticism, the EU Courts are said to be sceptical about effects-based assessments of Article 102 TFEU cases. This could pose a problem for the Commission's recent decision in Google Search, which primarily relies on effects, not form. However, it is argued in this article that the Courts' reluctance in this matter is mainly driven by worries about the effective enforcement of competition law. Thus, although the Courts have occasionally rejected requiring the Commission to prove effects in addition to the elements of form-based legal tests, it cannot be assumed that they are equally sceptical about relying on effects where such tests are unavailable. In fact, the Courts' treatment of novel abuses, in particular, shows that they do not consider form a defining element of abuse, and that they are open to acknowledgement of competitive effects where these are actually established.