Article 102 TFEU: Past, Present and Future

Author: Ekaterina Rousseva; Assimakis Komninos
Publisher: Kluwer Law International
ISBN: 9789403506999
Published In: November 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,407.85

HKD 1,365.61 Save HKD 42.24 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Article 102 TFEU: Past, Present and Future is an in-depth analysis of the role of Article 102 TFEU in EU law, in which eminent scholars and practitioners trace the roots of this fundamental provision, identify the forces that have driven its development, and examine its future challenges in light of forthcoming guidelines on its application. In March 2023, the European Commission launched a process leading to the adoption of Guidelines for Article 102 of the Treaty on the Functioning of the European Union (Article 102 TFEU), with regard to exclusionary practices, i.e., practices that harm competitors and thus competition. The Commission’s aim is to increase legal certainty to the benefit of consumers, businesses, national competition authorities, and national courts.

What’s in this book:

While reviewing the case law and analysing how it has foreshadowed the forthcoming Commission Guidelines, the contributing authors discuss the following issues and topics:

the evolution of the notion of abuse and the challenges for its assessment
the concept of ‘competition on the merits’
benefits and limitations of the effects-based approach
the relationship between market power and market definition
the impact of the revised market definition notice on the assessment of abuse of dominance
categories of abuses and effectiveness of legal tests
particular abuses, such as refusal to supply (seen in the context of the ‘essential facilities’ doctrine) and ‘self-preferencing’
presumptions and other evidentiary burden shifting tools in abuse of dominance cases
standards of proof and judicial review of abuse cases, and
judicial style in Article 102 TFEU cases

How this will help you:

This nonpareil book serves as a contextual tool to read the forthcoming Commission Guidelines on Article 102 TFEU. Not only does it provide insight into what the Guidelines will look like but it also offers expert recommendations for an effects-based framework for the enforcement of the law. The book will be widely welcomed by the entire competition law community, including counsel for multinational enterprises.

Speech by EVP Margrethe Vestager at the Global Competition Law Centre, College of Europe: Article 102 – The beating heart of antitrust in the EU

Introduction

Part I. The Development of Article 102 TFEU

CHAPTER 1. Revisiting the Precedent Value of Continental Can and Its Antecedents

CHAPTER 2. Article 102 TFEU: A Christmas Carol

CHAPTER 3. The Influence of Economic Regulation in EU Competition Law Assessment and Remedy Design

CHAPTER 4. Not Just the Emperor’s New Clothes? The Evolving Interpretation of Article 102 TFEU in the Case Law of the EU Court of Justice and EU General Court

CHAPTER 5. Judicial Style and Article 102 TFEU

CHAPTER 6. The Dwindling Law in Article 102 TFEU

Part II. Market Definition and Dominance

CHAPTER 7. Revisiting Market Definition While Revisiting Abuse of Dominance: Power and Methods in the Twenty-First Century

CHAPTER 8. Market Definition in the Context of Article 102 TFEU: Reflections on Some (New) Challenges

CHAPTER 9. The Importance of Defining the Relevant Market in Light of the Revised Market Definition Notice: Considerations on Non-priced Markets and a Dynamic Approach of Competition Policy

CHAPTER 10. The Role of Categories of Abuse under Article 102 TFEU and the Concept of ‘Competition on the Merits’

CHAPTER 11. Refusal to Supply and the ‘Essential Facilities’ Doctrine from the Oscar Bronner to Google Shopping: Independent Abuses, Variants and the Legal Test(s)

CHAPTER 12. The Draft Article 102 Guidelines on Exclusionary Abuses: Background, Content and Outlook

CHAPTER 13. Some Recommendations for an Effects-Based Framework for the Enforcement of Article 102

CHAPTER 14. In Defence of Rebuttable Presumptions in Abuse of Dominance Cases

CHAPTER 15. Balancing the Scales in the Face of Lower Thresholds of Intervention under Article 102 TFEU

Part IV. Epilogue

Article 102 TFEU: When Do You Know Whether You Comply or Not?