The Law and Economics of Article 82 EC

Awards:   Commended for Inner Temple Book Prize 2008 Commended for Inner Temple Book Prize 2008.
Author:   Robert O'Donoghue ,  A. Jorge Padilla
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781841135021


Pages:   752
Publication Date:   03 May 2006
Replaced By:   9781849461399
Format:   Hardback
Availability:   Out of stock   Availability explained


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The Law and Economics of Article 82 EC


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Awards

  • Commended for Inner Temple Book Prize 2008
  • Commended for Inner Temple Book Prize 2008.

Overview

The Law and Economics of Article 82 EC is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 82 EC 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 82, such as market definition, dominance, effect on trade, and applicable remedies are considered at length. Jointly authored by a lawyer and an economist, The Law and Economics of Article 82 EC contains an integrated approach to the legal and economic principles that frame competition policy in this major area of competition policy. Although written primarily with practitioners and in-house lawyers in mind, The Law and Economics of Article 82 EC is essential reading for anyone with an interest in competition-law enforcement against monopoly behaviour.

Full Product Details

Author:   Robert O'Donoghue ,  A. Jorge Padilla
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 5.80cm , Length: 23.40cm
Weight:   1.400kg
ISBN:  

9781841135021


ISBN 10:   184113502
Pages:   752
Publication Date:   03 May 2006
Audience:   Professional and scholarly ,  Professional & Vocational
Replaced By:   9781849461399
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Out of stock   Availability explained

Table of Contents

1. INTRODUCTION, SCOPE OF APPLICATION, AND BASICFRAMEWORK 1.1 INTRODUCTION1.2 HISTORY, DEVELOPMENT, AND MODERNISATION OF1.3 ENTITIES AND ACTIVITIES BOUND BY ARTICLE 82 EC1.4 RELATIONSHIP BETWEEN ARTICLE 82 EC AND OTHER LEGAL INSTRUMENTS 1.5 THE BASIC PROCEDURAL FRAMEWORK2. MARKET DEFINITION2.1 INTRODUCTION2.2 PRODUCT MARKET DEFINITION: BASIC CONCEPTS2.3 RELEVANT PRODUCT MARKETS: FROM THEORY2.4 GEOGRAPHIC MARKET DEFINITION2.5 SELECTED ISSUES ON MARKET DEFINITION3. DOMINANCE3.1 INTRODUCTION3.2 SINGLE FIRM DOMINANCE3.3 COLLECTIVE DOMINANCE3.4 DOMINANT BUYERS3.5 SUPERDOMINANCE 3.6 COMPARING DOMINANCE UNDER ARTICLE 82 EC AND OTHER COMMUNITY LEGISLATION3.7 SUBSTANTIAL PART OF THE COMMON MARKET4. THE GENERAL CONCEPT OF AN ABUSE4.1 INTRODUCTION4.2 THE ECONOMICS OF ABUSIVE UNILATERALCONDUCT4.3 THE CATEGORIES OF ABUSE UNDER ARTICLE 82 EC4.4 ANTICOMPETITIVE EFFECTS UNDER ARTICLE 82 EC4.5 OBJECTIVE JUSTIFICATION5. PREDATORY PRICING5.1 INTRODUCTION5.2 THE ECONOMICS OF PREDATORY PRICING5.3 THE BASIC RULES ON BELOW-COST PRICE CUTTING UNDER ARTICLE 82 EC 5.4 SPECIFIC ISSUES WITH BELOW-COST PRICING UNDER ARTICLE 82 EC5.5 EXCLUSIONARY ABOVE-COST PRICE CUTS UNDER ARTICLE 82 EC5.6 OBJECTIVE JUSTIFICATION6. MARGIN SQUEEZE 6.1 INTRODUCTION6.2 THE ECONOMICS OF MARGIN SQUEEZE6.3 BASIC LEGAL CONDITIONS FOR A MARGIN SQUEEZE6.4 THE RELATIONSHIP BETWEEN MARGIN SQUEEZE AND OTHER ABUSES6.5 DIFFICULTIES WITH IDENTIFYING AN ANTICOMPETITIVE MARGIN SQUEEZE IN PRACTICE6.6 DISCRIMINATORY MARGIN SQUEEZES AND RELATEDSTRATEGIESDominant Firm6.7 CONFLICTS BETWEEN REGULATION AND COMPETITION LAW IN MARGIN SQUEEZE CASES7. EXCLUSIVE DEALING, LOYALTY DISCOUNTS, AND RELATEDPRACTICES7.1 INTRODUCTION7.2 EXCLUSIVE DEALING7.3 LOYALTY DISCOUNTS7.4 SUMMARY AND CONCLUSION8. REFUSAL TO DEAL8.1 INTRODUCTION8.2 THE ECONOMICS OF REFUSAL TO DEAL8.3 THE DUTY TO DEAL WITH COMPETITORS8.4 DUTY TO DEAL WITH CUSTOMERS UNDER ARTICLE82 EC9. TYING AND BUNDLING9.1. INTRODUCTION9.2 THE ECONOMICS OF TYING AND BUNDLING9.3 THE APPROACH TO TYING AND BUNDLING UNDER ARTICLE 82 EC9.4 SUGGESTED ALTERNATIVE APPROACHES TO TYING9.5 CONCLUSIONS10. EXCLUSIONARY NON-PRICE ABUSES10.1 INTRODUCTION10.2 EXAMPLES OF EXCLUSIONARY NON-PRICE ABUSES11. ABUSIVE DISCRIMINATION11.1 INTRODUCTION11.2 THE ECONOMICS OF PRICE DISCRIMINATION11.3 LEGAL CONDITIONS FOR ABUSIVE DISCRIMINATION11.4 SPECIFIC EXAMPLES OF ABUSIVE DISCRIMINATIONUNDER ARTICLE 82(C)11.5 OBJECTIVE JUSTIFICATION11.6 SUMMARY AND CONCLUSION12. EXCESSIVE PRICES 12.1 INTRODUCTION 12.2 THE ECONOMICS OF EXCESSIVE PRICES 12.3 THE LEGAL TEST(S) FOR EXCESSIVE PRICES12.4 DIFFICULTIES WITH THE CURRENT APPROACH TO EXCESSIVE PRICES UNDER ARTICLE 82 EC12.5 ALTERNATIVE APPROACHES TO EXCESSIVE PRICING UNDER ARTICLE 82 EC 12.6 CONCLUSION13. OTHER EXPLOITATIVE ABUSES13.1 INTRODUCTION13.2 ABUSE OF MONOPSONY PURCHASING POWER13.3 UNFAIR AND EXPLOITATIVE CONTRACT TERMS14. EFFECT ON TRADE14.1 INTRODUCTION14.2 BASIC LEGAL CONDITIONS FOR EFFECT ON TRADE14.3 SPECIFIC APPLICATIONS OF THE EFFECT ON TRADE CONCEPT15. REMEDIES15.1 INTRODUCTION15.2 GENERAL PRINCIPLES GOVERNING REMEDIES15.3 PRINCIPAL TYPES OF ADMINISTRATIVE DECISIONS15.4 PRINICIPAL TYPES OF REMEDIES 15.5 PRIVATE LITIGATION AND REMEDIES

Reviews

This is a truly outstanding book...With regard to many issues, the authors..achieve an analytical depth which is not even matched by many journal contributions dealing exclusively with those particular subjects...a truly seminal book on Article 82 EC that should and will have a major impact on the further development of this area of EC competition law. The book not only deserves to but certainly also will be widely read by academic and practicing lawyers and economists concerned with abuse control. Thomas Eilmansberger Common Market Law Review Vol 44. No 4 Being the first book dedicated to this subject, The Law and Economics of Article 82 EC sets the benchmark very high for any followers...a comprehensive study that adopts a fresh method to the consideration of Art.82 EC...One of the strongest features is perhaps the fact that the economics discussion contains hardly any equations and thus is absolutely accessible to non-economists...The Law and Economics of Article 82 EC can be thought of as saving the reader from having recourse to two separate books by combining the law and economics of Art.82 EC in a coherent framework without leaving anything essential out...a seminal guide for all those interested in Art.82 EC. Pinar Akman The Journal of Business Law March 2007 The text is lucid and there is a wealth of references to economic and legal materials and explanations in careful and substantial footnotes. I found answers to many questions I had not even thought of asking. The work is critical as well as practical...A second edition will be demanded soon after the Commission publishes its intentions next year. This scholarly, practical and very substantial work is warmly welcome. Valentine Korah World Competition Law and Economics Review June 2007 ...this book is one of the best I have come across...the first to thoroughly integrate the economic and legal discussions into a single text...an essential book for any practice dealing in competition law. I would also suggest that it should find its way into university and vocational training law libraries where...a better overall understanding of Art.82 will accrue. Philip Allery European Competition Law Review 2007 This book is an admirable achievement, and the authors are to be congratulated on producing a work of high class and great interest. It is handsomely produced, easy to read, and comprehensive in its scope. Its publication now is timely, as we await the next stage of the Commission's review of Article 82...a first-rate piece of work that will be highly influential in the years ahead and that will be gratefully referred to by everyone interested in this fascinating but difficult topic. It is very highly recommended. Richard Whish Competition Policy International Journal Autumn 2006, Vol. 2, No. 2 La structure de l'ouvrage, qui analyse consecutivement les notions de definition de marche, de position dominante, les differents abus et leurs remedes, est classique. Le contenu, en revanche, est engage... O'Donoghue et Padilla font ouvre de decomposition minutieuse et sans reel precedent du droit des pratiques unilaterales. Translation from the French :The structure of the book is classic. It analyses the concepts of definition of the market, of dominant position, of the various abuses and their remedies. The content, on the other hand, is highly original...O'Donoghue and Padilla engage in a searching analysis, one without any real precedent, of the law of unilateral practices. Simon Gen


Author Information

Robert O'Donoghue is a Barrister at Brick Court Chambers, London and Brussels, specialising in European law, particularly competition law.A Jorge Padilla is Managing Director of Law & Economics Consulting Group (LECG), Madrid, and Co-Chair of LECG's Antitrust Competition group in Europe.

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