基本説明
Contains an integrated approach to the legal and economic principles that frame competition policy.
Full Description
Shortlisted for the 2008 Inner Temple Book PrizeThe 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 policy in this major area of competition law. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition-law enforcement against monopoly behaviour.
Contents
1. INTRODUCTION, SCOPE OF APPLICATION, AND BASICFRAMEWORK 1.1 INTRODUCTION1.2 HISTORY, DEVELOPMENT, AND MODERNISATION OF1.3 ENTITIES 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 FIRM DOMINANCE3.3 COLLECTIVE DOMINANCE3.4 DOMINANT BUYERS3.5 "SUPERDOMINANCE"3.6 COMPARING DOMINANCE UNDER ARTICLE 82 EC AND OTHER ANTICOMPETITIVE EFFECTS UNDER ARTICLE 82 EC4.5 OBJECTIVE JUSTIFICATION5. ISSUES WITH BELOW-COST PRICING UNDER ARTICLE 82 EC5.5 EXCLUSIONARY ABOVE-COST PRICE CUTS UNDER ARTICLE 82 EC5.6 OBJECTIVE JUSTIFICATION6. MARGIN SQUEEZE FOR A MARGIN SQUEEZE6.4 THE RELATIONSHIP BETWEEN MARGIN SQUEEZE AND OTHER PRACTICE6.6 DISCRIMINATORY MARGIN SQUEEZES AND RELATEDSTRATEGIESDominant CASES7. EXCLUSIVE DEALING, LOYALTY DISCOUNTS, AND RELATEDPRACTICES7.1 INTRODUCTION7.2 EXCLUSIVE DEALING7.3 LOYALTY DISCOUNTS7.4 SUMMARY AND UNDER ARTICLE82 EC9. TYING AND BUNDLING9.1. INTRODUCTION9.2 THE ECONOMICS OF NON-PRICE ABUSES11. ABUSIVE DISCRIMINATION11.1 INTRODUCTION11.2 THE ECONOMICS OF PRICE DISCRIMINATION11.3 LEGAL CONDITIONS FOR ABUSIVE DISCRIMINATION11.4 JUSTIFICATION11.6 SUMMARY AND CONCLUSION12. EXCESSIVE PRICES 12.1 UNDER ARTICLE 82 EC 12.6 CONCLUSION13. OTHER EXPLOITATIVE ABUSES13.1 ON TRADE CONCEPT15. REMEDIES15.1 INTRODUCTION15.2 GENERAL PRINCIPLES
