Under Article 102 TFEU (Treaty on the Functioning of the European Union), it has yet to be settled as to what exactly makes a practice abusive or how to measure the standard of harm. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using legal and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse.' In doing so, the book establishes an overarching concept of 'abuse' that conforms to the...

Under Article 102 TFEU (Treaty on the Functioning of the European Union), it has yet to be settled as to what exactly makes a practice abusive or how to measure the standard of harm. This lack of clarity creates uncertainty for businesses and raises an important question of legitimacy. This book - now available in paperback - inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse.' In doing so, it establishes an overarching concept of 'abuse' that conforms: to the historical roots of the provision, to the text of the provision itself,...