Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?

ISBN-13: 9783540699583 / Angielski / Twarda / 2008 / 204 str.

Mark-Oliver Mackenrodt; Beatriz Conde Gallego; Stefan Enchelmaier

Opis

As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty's prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission's proposals, including the most recent ones. The authors also highlight the repercussions of the proposed 'more economic approach' to abuses of dominant positions on private litigants' opportunities to bring damages actions in national courts for such abuses.

Recenzje

From the reviews: "The first book I have seen to deal with the new approach ... based on a conference held at the Max-Planck Institute in October 2006, with papers updated to May 2008. ... papers that are collected here are uniformly good, do not overlap in coverage, and present a coherent narrative of key issues underpinning the reform of art.82. ... I found the book as a whole to be an engaging and interesting read ... . this is an impressive collection of papers that repays reading." (Mark Furse, European Competition Law Review, Vol. 30 (9), 2009)

Spis treści

The Reform of Article 82 EC in the Light of the “Economic Approach”.- Is there a Role for Market Definition and Dominance in an effects-based Approach?.- Abuse below the Threshold of Dominance? Market Power, Market Dominance, and Abuse of Economic Dependence.- Efficiency Defence in Article 82 EC.- From Courage v Crehan to the White Paper – The Changing Landscape of European Private Enforcement and the Possible Implications for Article 82 EC Litigation.- Private Enforcement – Is Article 82 EC special?.- Private Incentive, Optimal Deterrence and Damage Claims for Abuses of Dominant Positions – The Interaction between the Economic Review of the Prohibition of Abuses of Dominant Positions and Private Enforcement.- The Role of Consumer Associations in the Enforcement of Article 82 EC.