The Law and Economics of Article 102 TFEU

ISBN-13: 9781849461399 / Angielski / Twarda / 2013 / 1080 str.

Jorge Padilla (Compass Lexecon);Robert O'Donoghue KC (Brick Court Chambers)

Opis

This second edition is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) to the behavior of dominant firms. Traditional concerns of monopoly behavior - 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 behavior.

Spis treści

1. INTRODUCTION, SCOPE OF APPLICATION, AND BASIC FRAMEWORK 1.1 INTRODUCTION 1.2 OBJECTIVES OF ARTICLE 102 TFEU 1.3 SCOPE OF APPLICATION OF ARTICLE 102 TFEU 1.4 RELATIONSHIP BETWEEN ARTICLE 102 TFEU AND OTHER LEGAL INSTRUMENTS 2. HISTORY, DEVELOPMENT, AND REFORM 2.1 INTRODUCTION 2.2 HISTORY OF ARTICLE 102 TFEU 2.3 DEVELOPMENT OF ARTICLE 102 TFEU 2.4 THE REFORM OF ARTICLE 102 TFEU 3. MARKET DEFINITION 3.1 INTRODUCTION 3.2 PRODUCT MARKET DEFINITION: BASIC CONCEPTS 3.3 RELEVANT PRODUCT MARKETS: FROM THEORY TO PRACTICE 3.4 GEOGRAPHIC MARKET DEFINITION 3.5 SELECTED ISSUES ON MARKET DEFINITION 4. DOMINANCE 4.1 INTRODUCTION 4.2 SINGLE FIRM DOMINANCE 4.3 COLLECTIVE DOMINANCE 4.4 DOMINANT BUYERS 4.5 "SUPERDOMINANCE" 4.6 COMPARING DOMINANCE UNDER ARTICLE 102 TFEU AND OTHER EU LEGISLATION 4.7 SUBSTANTIAL PART OF THE COMMON MARKET 5. THE GENERAL CONCEPT OF AN ABUSE 5.1 INTRODUCTION 5.2 THE ECONOMICS OF ABUSIVE UNILATERAL CONDUCT 5.3 THE CATEGORIES OF ABUSE UNDER ARTICLE 102 TFEU 5.4 ANTICOMPETITIVE EFFECTS UNDER ARTICLE 102 TFEU 5.5 OBJECTIVE JUSTIFICATION 6. PREDATORY PRICING 6.1 INTRODUCTION 6.2 THE ECONOMICS OF PREDATORY PRICING 6.3 THE BASIC RULES ON BELOW-COST PRICE CUTTING UNDER ARTICLE 102 TFEU 6.4 SPECIFIC ISSUES WITH BELOW-COST PRICING UNDER ARTICLE 102 TFEU 6.5 EXCLUSIONARY ABOVE-COST PRICE CUTS UNDER ARTICLE 102 TFEU 6.6 OBJECTIVE JUSTIFICATION 7. MARGIN SQUEEZE 7.1 INTRODUCTION 7.2 THE ECONOMICS OF MARGIN SQUEEZE 7.3 MINIMUM LEGAL CONDITIONS FOR A MARGIN SQUEEZE 7.4 THE RELATIONSHIP BETWEEN MARGIN SQUEEZE AND OTHER ABUSES 7.5 DIFFICULTIES WITH IDENTIFYING AN ANTICOMPETITIVE MARGIN SQUEEZE IN PRACTICE 7.6 CONFLICTS BETWEEN REGULATION AND COMPETITION LAW IN MARGIN SQUEEZE CASES 8. EXCLUSIVE DEALING AND RELATED PRACTICES 8.1 INTRODUCTION 8.2 ECONOMICS OF EXCLUSIVE DEALING 8.3 EVOLUTION OF THE APPROACH TO EXCLUSIVE DEALING UNDER ARTICLE 102 TFEU 8.4 ASSESSMENT OF EXCLUSIVE DEALING UNDER ARTICLE 102 TFEU 8.5 OBJECTIVE JUSTIFICATION 8.6 PRACTICES FALLING SHORT OF OUTRIGHT EXCLUSIVITY 9. LOYALTY REBATES AND RELATED PRACTICES 9.1 INTRODUCTION 9.2 ECONOMICS OF LOYALTY REBATES 9.3 ASSESSMENT OF LOYALTY REBATES UNDER ARTICLE 102 TFEU 9.4 ANTICOMPETITIVE EFFECTS IN REBATE CASES 9.5 OBJECTIVE JUSTIFICATION 10. REFUSAL TO DEAL 10.1 INTRODUCTION 10.2 THE ECONOMICS OF REFUSAL TO DEAL 10.3 THE DUTY TO DEAL WITH COMPETITORS 10.4 DUTY TO DEAL WITH CUSTOMERS UNDER ARTICLE 102 TFEU 11. TYING AND BUNDLING 11.1 INTRODUCTION 11.2 THE ECONOMICS OF TYING AND BUNDLING 11.3 TYING AND BUNDLING UNDER ARTICLE 102 TFEU 11.4 TYING IN AFTERMARKETS 11.5 MIXED BUNDLING 12. EXCLUSIONARY NON-PRICE ABUSES 12.1 INTRODUCTION 12.2 EXAMPLES OF EXCLUSIONARY NON-PRICE ABUSES 13. ABUSIVE CONDUCT AND STANDARDS 13.1 INTRODUCTION 13.2 THE MEANING OF FRAND TERMS 13.3 INJUNCTIVE RELIEF AND FRAND TERMS 13.4 DECEPTION/MISREPRESTATION 7 13.5 ABUSIVE ACQUISITION OR ACCUMULATION OF IPRs 14. EXCESSIVE PRICING 14.1 INTRODUCTION 14.2 THE ECONOMICS OF EXCESSIVE PRICING 14.3 THE LEGAL TEST(S) FOR EXCESSIVE PRICING 14.4 DIFFICULTIES WITH THE CURRENT APPROACH TO EXCESSIVE PRICING 14.5 ALTERNATIVE APPROACHES TO EXCESSIVE PRICING UNDER ARTICLE 102 TFEU 14.6 CONCLUSION 15. ABUSIVE DISCRIMINATION 15.1 INTRODUCTION 15.2 THE ECONOMICS OF PRICE DISCRIMINATION 15.3 LEGAL CONDITIONS FOR ABUSIVE DISCRIMINATION 15.4 EXAMPLES OF ABUSIVE DISCRIMINATION 15.5 OBJECTIVE JUSTIFICATION 16. OTHER EXPLOITATIVE ABUSES 16.1 INTRODUCTION 16.2 ABUSE OF MONOPSONY PURCHASING POWER 16.3 UNFAIR AND EXPLOITATIVE CONTRACT TERMS 17. EFFECT ON TRADE 17.1 INTRODUCTION 17.2 BASIC LEGAL CONDITIONS FOR EFFECT ON TRADE 17.3 SPECIFIC APPLICATIONS OF THE EFFECT ON TRADE CONCEPT 18. REMEDIES 18.1 INTRODUCTION 18.2 GENERAL PRINCIPLES GOVERNING REMEDIES 18.3 PRINCIPAL TYPES OF ADMINISTRATIVE DECISIONS 18.4 PRINCIPAL TYPES OF REMEDIES 18.5 PRIVATE LITIGATION AND REMEDIES