By Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier (eds.)

ISBN-10: 3540699589

ISBN-13: 9783540699583

ISBN-10: 3540699651

ISBN-13: 9783540699651

As a part of its assessment of pageant legislations that all started within the past due Nineties, the eu fee proposes to revise its interpretation and alertness of the Treaty’s prohibition of abuses of dominant positions. additionally, it has instigated a debate in regards to the merchandising of non-public enforcement of EC pageant legislation. at the former topic, the fee released a dialogue Paper in 2005; at the latter, a eco-friendly Paper in 2005, by means of a White Paper in 2008.

The chapters during this quantity severely appraise the Commission’s proposals, together with the latest ones. The authors additionally spotlight the repercussions of the proposed ‘more financial technique’ to abuses of dominant positions on inner most litigants’ possibilities to convey damages activities in nationwide courts for such abuses.

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Extra info for Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?

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1 Policy implications and economic shortcomings of the “welfarist” approach . . . . . . . . . . . . 2 Practical implications. The effects-based approach and burden of proof: When do efficiencies matter? . 43 7 Substantial market power, consumer welfare and significant competitive harm: Some flaws in the new effects-based approach . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Consumer welfare and dynamic efficiency . . . . . . . .

2 Substantial market power and effective competitive constraint . . . . . . . . . . . . . . . . . . 38 6 Implications of the shift towards substantial market power . . . . . . . . . . . . . . . . . . . . . 1 Policy implications and economic shortcomings of the “welfarist” approach . . . . . . . . . . . . 2 Practical implications. The effects-based approach and burden of proof: When do efficiencies matter? . 43 7 Substantial market power, consumer welfare and significant competitive harm: Some flaws in the new effects-based approach .

POSNER, “Antitrust Law”, 194 et seq (2001). EAGPC-REPORT, note 2, 14. This second proposition is not expressly written but it is implicit in the overall proposal. 30 Emanuela Arezzo tions of this statement, however, are not sufficiently clear at a first glance. The assessment of dominance, meaning the toolbox of instruments used to determine dominance (i. e. ) would be still in use but they would not serve the original purpose (checking whether there is dominance) as they would only be needed at a later stages of analysis to confirm or disprove the presence of anticompetitive harm.

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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? by Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier (eds.)


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