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With incisive and thought-provoking contributions from both leading academics and practitioners, this book addresses in detail the major areas in relation to the Commission Guidance Paper on Applying Article 82 of the EC Treaty (now Article 102). The paper has been at the center of much of the recent debate on antitrust policy in Europe and has generated significant controversy and intense debate. The authors contend that the guidance from the Commission is on the one hand entirely justifiable in its focus on consumer harm in identifying what constitutes an abuse, but that on the other it is not consistent enough in its message, nor indeed does it offer enough structural guidance on the practical application of the approach. The book addresses all of these concerns, considers the reform of article 102, and identifies the challenges inherent in its enforcement, looking for instance at enforcement in certain sectors, such as the high tech sector. The book considers recent seminal antitrust cases such as the Microsoft case to illuminate and better understand abuse of dominance. It brings a line of clarity to often contradictory messages and in so doing provides invaluable practical guidance to enforcers and practitioners alike.The editors combine the insight of a leading international economist and an experienced antitrust scholar, and the contributions are linked by a common emphasis on a strong economic approach to antitrust enforcement.
This book investigates the practical application and theoretical consistency of the European Commission's guidance on Article 102 regarding the abuse of dominant market positions. The authors, Federico F. Etro and Ioannis I. Kokkoris, leverage their combined expertise in international economics and antitrust scholarship to evaluate the shift toward a consumer-harm-based approach in European competition law. They argue that while the focus on consumer welfare is conceptually sound, the current regulatory framework lacks the structural clarity necessary for consistent enforcement across diverse industrial sectors.
What You Will Find
Experts recognize this volume as a critical resource for understanding the intersection of economic theory and legal enforcement in European antitrust policy. Readers frequently note the academic density of the prose, which serves as a foundational text for those navigating the complexities of competition law reform.
Page Count:
264
Publication Date:
2011-02-10
Publisher:
Oxford University Press
ISBN-10:
0199586187
ISBN-13:
9780199586189
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