Abuse of dominance in EU competition law : emerging trends / edited by Pier Luigi Parcu, Giorgio Monti, Marco Botta, European University Institute, Italy.
2017
KJE6497 .A92 2017 (Map It)
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Details
Title
Abuse of dominance in EU competition law : emerging trends / edited by Pier Luigi Parcu, Giorgio Monti, Marco Botta, European University Institute, Italy.
Published
Cheltenham, UK : Edward Elgar Publishing, [2017]
Call Number
KJE6497 .A92 2017
ISBN
9781785367618 (cased)
1785367617 (cased)
9781785367625 (eBook)
1785367625
9781785367625
1785367617 (cased)
9781785367625 (eBook)
1785367625
9781785367625
Description
xv, 192 pages ; 23 cm
System Control No.
(OCoLC)964291621
Summary
"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 ... 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 analyzing 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."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Abuse of dominance in EU competition law. Cheltenham, UK : Edward Elgar Publishing Limited, [2017] 9781785367625 (OCoLC)974023518
Record Appears in
Table of Contents
List of contributors
vii
Preface
xi
List of abbreviations
xiii
1.
Introduction / Marco Botta
1
2.
role of intent in the assessment of conduct under Article 102 TFEU / Maria Luisa Stasi
12
3.
Article 102: sources of interpretation / Giorgio Monti
34
4.
Article 102 TFEU in the UK: victims of abuse go directly to court / Richard Whish
52
5.
Standard-essential patents and abusive patent injunctions -- the interplay between German courts and the CJEU / Heike Schweitzer
68
6.
Finding of dominance in Austria and Germany -- what is the proper role of presumptions of dominance? / Florian Schuhmacher
97
7.
Italy -- new forms of abuse of dominance and abuse of law / Mario Siragusa
119
8.
Abuse of dominance in regulated sectors in Italy: recent enforcement trends / Mel Marquis
139
9.
Sanctioning excessive energy prices as abuse of dominance -- are the EU Commission and the National Competition Authorities on the same frequency? / Marco Botta
169
Index
185