
Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the internal market. Its application in practice has been controversial with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, social welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex questions as to how abuses can be assessed and how a dominant position should be defined. This book addresses the conceptual problems underlying the tests to be applied under Article 102 in light of the objectives of EU competition law. Adopting an interdisciplinary approach, the book covers all the main issues relating to Article 102, including its objectives, its relationship with other principles and provisions of EU law, the criteria for the assessment of individual abusive practices, and the definition of dominance. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.
This book investigates the conceptual inconsistencies and normative objectives underlying the application of Article 102 TFEU regarding the abuse of a dominant position. Renato Nazzini, a legal scholar specializing in competition law, synthesizes economic theory and legal doctrine to evaluate how EU competition law balances competing goals such as consumer welfare, economic freedom, and the preservation of competitive processes. The text argues for a more coherent analytical framework to resolve the ambiguity inherent in current enforcement practices.
What You Will Find
Scope Limits
Legal practitioners and academics frequently cite this work as a rigorous, high-level analysis of the theoretical foundations of EU antitrust enforcement. Experts highlight the text for its ability to bridge the gap between abstract economic theory and the practical application of competition law in European courts.
Page Count:
486
Publication Date:
2011-01-01
Publisher:
OUP Oxford
ISBN-10:
0191630128
ISBN-13:
9780191630125
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