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European Competition Law: The Impact of the Commission’s Guidance on Article 102
This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission’s investigations, for example, the opened procedure against Google.
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Critical Acclaim
Contributors
Contents
More Information
This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission’s investigations, for example, the opened procedure against Google.
Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.
European Competition Law: The Impact of the Guidance on Article 102 will prove to be invaluable to academics and postgraduate students reading EU law, antitrust law and EU competition law. European law researchers and antitrust lawyers will also find much to appeal to them in this essential resource.
Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.
European Competition Law: The Impact of the Guidance on Article 102 will prove to be invaluable to academics and postgraduate students reading EU law, antitrust law and EU competition law. European law researchers and antitrust lawyers will also find much to appeal to them in this essential resource.
Critical Acclaim
‘This book is valuable in two respects. First, it provides the views of prominant scholars, some of whom have the benefit of a long study and observation of the development of EU competition law, on fundamental and controversial issues such as the objective of EU competition law and the tests to determine whether unilateral conduct should be prohibited. Second it offers interesting insights into the law and practice of national competition regimes also from a historical perspective.’
– Renato Nazzini, CML Review
‘. . . a welcome addition to the burgeoning literature on the concept of abuse of dominant position over the past few years. . . the book addresses an interesting question and also relies on a team of stellar contributors, both being ingredients of a successful volume, of interest to both academics and practitioners.’
– Ioannis Lianos, World Competition
‘The editor Lorenzo Federico Pace as well as the other authors of the different articles of this book have enriched the discussion from a law and economic point of view and gave food for thought for the future research on this topic. From this point of view this book is to be recommended to everyone who deals with issues regarding the abuse of dominant position.’
– Claudia Seitz, M.A., Universität Basel, Switzerland
– Renato Nazzini, CML Review
‘. . . a welcome addition to the burgeoning literature on the concept of abuse of dominant position over the past few years. . . the book addresses an interesting question and also relies on a team of stellar contributors, both being ingredients of a successful volume, of interest to both academics and practitioners.’
– Ioannis Lianos, World Competition
‘The editor Lorenzo Federico Pace as well as the other authors of the different articles of this book have enriched the discussion from a law and economic point of view and gave food for thought for the future research on this topic. From this point of view this book is to be recommended to everyone who deals with issues regarding the abuse of dominant position.’
– Claudia Seitz, M.A., Universität Basel, Switzerland
Contributors
Contributors: P.I. Colomo, V. Korah, E.-J. Mestmäcker, L. Ortiz Blanco, L.F. Pace, C. Prieto, R. Whish
Contents
Contents:
1. Introduction to the Research Project and its Results
Lorenzo Federico Pace
2. Guidance on the Commission’s Enforcement Priorities in Applying Article 82 to Abusive Exclusionary Conduct by Dominant Undertakings: From Protecting Freedom to Enter a Market to an Efficient Allocation of Resources to Increase Consumer Welfare
Valentine Korah
3. The Development of German and European Competition Law with Special Reference to the EU Commission’s Article 82 Guidance of 2008
Ernst-Joachim Mestmäcker
4. Evolving Priorities and Rising Standards: Spanish Law on Abuses of Market Power in the Light of the 2008 Guidance Paper on Article 82 EC
Luis Ortiz Blanco and Pablo Ibáñez Colomo
5. The Italian Way of Tackling the Abuse of a Dominant Position and the Inconsistencies of the Commission’s Guidance: Not a Notice/Bekanntmachung but a Communication/Mitteilung
Lorenzo Federico Pace
6. Anticipated Enforcement in France of the Commission’s Guidance on Article 82
Catherine Prieto
7. National Competition Law Goals and the Commission’s Guidance on Article 82 EC: The UK Experience
Richard Whish
Index
1. Introduction to the Research Project and its Results
Lorenzo Federico Pace
2. Guidance on the Commission’s Enforcement Priorities in Applying Article 82 to Abusive Exclusionary Conduct by Dominant Undertakings: From Protecting Freedom to Enter a Market to an Efficient Allocation of Resources to Increase Consumer Welfare
Valentine Korah
3. The Development of German and European Competition Law with Special Reference to the EU Commission’s Article 82 Guidance of 2008
Ernst-Joachim Mestmäcker
4. Evolving Priorities and Rising Standards: Spanish Law on Abuses of Market Power in the Light of the 2008 Guidance Paper on Article 82 EC
Luis Ortiz Blanco and Pablo Ibáñez Colomo
5. The Italian Way of Tackling the Abuse of a Dominant Position and the Inconsistencies of the Commission’s Guidance: Not a Notice/Bekanntmachung but a Communication/Mitteilung
Lorenzo Federico Pace
6. Anticipated Enforcement in France of the Commission’s Guidance on Article 82
Catherine Prieto
7. National Competition Law Goals and the Commission’s Guidance on Article 82 EC: The UK Experience
Richard Whish
Index
