基本説明
The first edition was titled "The Law and Economics of Article 82 EC". This book is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms.
Full Description
The Law and Economics of Article 102 TFEU is a comprehensive, 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. Jointly authored by a lawyer and an economist, The Law and Economics of Article 102 TFEU 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 BASIC FRAMEWORK 1.1 INTRODUCTION 1.4 RELATIONSHIP BETWEEN ARTICLE 102 TFEU AND OTHER LEGAL INSTRUMENTS 2. HISTORY, DEVELOPMENT, AND REFORM 2.1 INTRODUCTION 3. MARKET DEFINITION 3.1 INTRODUCTION 3.2 PRODUCT MARKET DEFINITION: BASIC CONCEPTS 3.4 GEOGRAPHIC MARKET DEFINITION 4. DOMINANCE 4.1 INTRODUCTION 4.2 SINGLE FIRM DOMINANCE4.3 COLLECTIVE DOMINANCE 4.4 DOMINANT BUYERS 4.5 "SUPERDOMINANCE" 5.1 INTRODUCTION 5.4 ANTICOMPETITIVE EFFECTS UNDER ARTICLE 102 TFEU 5.5 OBJECTIVE JUSTIFICATION 6. PREDATORY PRICING 6.1 INTRODUCTION 6.4 SPECIFIC ISSUES WITH BELOW-COST PRICING UNDER ARTICLE 102 TFEU6.5 EXCLUSIONARY ABOVE-COST PRICE CUTS UNDER ARTICLE 102 TFEU 6.6 OBJECTIVE JUSTIFICATION 7. MARGIN SQUEEZE 7.1 INTRODUCTION 7.3 MINIMUM LEGAL CONDITIONS FOR A MARGIN SQUEEZE 7.4 THE RELATIONSHIP BETWEEN MARGIN SQUEEZE AND OTHER ABUSES PRACTICE 8. EXCLUSIVE DEALING AND RELATED PRACTICES 8.1 INTRODUCTION 8.5 OBJECTIVE JUSTIFICATION 9. LOYALTY REBATES AND RELATED PRACTICES 9.1 INTRODUCTION 9.5 OBJECTIVE JUSTIFICATION 10.1 INTRODUCTION 11. TYING AND BUNDLING 11.1 INTRODUCTION11.3 TYING AND BUNDLING UNDER ARTICLE 102 TFEU 11.5 MIXED BUNDLING 12. EXCLUSIONARY NON-PRICE ABUSES 12.1 INTRODUCTION 13. ABUSIVE CONDUCT AND STANDARDS 13.1 INTRODUCTION 13.3 INJUNCTIVE RELIEF AND FRAND TERMS 13.4 DECEPTION/MISREPRESTATION 714. EXCESSIVE PRICING 14.1 INTRODUCTION 14.3 THE LEGAL TEST(S) FOR EXCESSIVE PRICING 14.6 CONCLUSION 15. ABUSIVE DISCRIMINATION 15.1 INTRODUCTION 15.3 LEGAL CONDITIONS FOR ABUSIVE DISCRIMINATION 15.5 OBJECTIVE JUSTIFICATION 16. OTHER EXPLOITATIVE ABUSES 16.1 INTRODUCTION 16.3 UNFAIR AND EXPLOITATIVE CONTRACT TERMS 17.1 INTRODUCTION 18. REMEDIES 18.1 INTRODUCTION 18.2 GENERAL PRINCIPLES GOVERNING REMEDIES 18.5 PRIVATE LITIGATION AND REMEDIES
