Under Article 102 TFEU, dominant firms are allowed to compete, but
only to the extent their market behaviour does not constitute an
abuse. Needless to say, the wording of the article neither explains
what an abusive restriction of competition is nor how such a practice
can be identified. Rather than developing a one-size-fits-all test
applicable to all forms of market behaviour by dominant firms, the
European Court of Justice (ECJ) and the General Court (ex; Court of
First Instance) have set out a system of tests for separate categories
of conduct. Drawing on the full range of the EU Courts’ relevant
case law, this very useful book analyses the conditions that must be
fulfilled for a broad range of business practices to be deemed abusive
within the meaning of Article 102 TFEU, and also identifies the
criteria that must be fulfilled for a practice to be ‘objectively
justified’. The potentially abusive practices studied here (as
defined in the relevant case law) include the following: predatory
pricing; margin squeezing; exclusivity agreements; loyalty rebates;
refusals to supply to induce exclusivity; secondary line price
discrimination; vexatious litigation; acquisitions of intellectual
property rights (IPRs); refusals to supply necessary inputs; provision
of storage equipment on the condition of exclusive use; selective
above-cost price cuts; tying; technological integration; and refusal
to license IPRs. The author also contrasts the Commission’s
decisional practice with the case law, assesses approaches under U.S.
antitrust law to similar forms of conduct, and incorporates insights
from economic theory. This study greatly enhances our understanding of
the distinction between abusive conduct and lawful competition. In the
course of its clarification of the EU Courts’ responses to
individual forms of market behaviour, an overall approach to the
identification of exclusionary abuses under Article 102 TFEU begins to
come into view. Apart from the important new synthesis the work offers
legal scholars, there can be little doubt this book will prove a
valuable asset and even an inspiration to competition lawyers.
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The Spectrum of Tests
Produktdetaljer
ISBN
9789041142504
Publisert
2020
Utgiver
Vendor
Kluwer Law International B.V
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter