Details
- The first book to focus exclusively on the practical challenges in enforcing Article 102
- Provides extensive analysis by a team of economists and lawyers giving valuable legal and economic perspectives on the Commission's approach
- Chapter introductions ensure coherence and consistency
- Underpins legal analysis with a strong economic approach
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 centre 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 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.
Readership: The book is aimed at academics and practitioners specialising in competition law, including solicitors, in-house lawyers, economists, officials from national competition authorities, academics and advanced students.
1: Federico Etro & Ioannis Kokkoris: Toward an Economic Approach to Article 1022: Damien Geradin: Does the Guidance Paper on Article 102 Matter?3: Philip Marsden: Some outstanding issues from the European Commission's Guidance on Article 102: Not-so-faint echoes of Ordoliberalism4: Yannis Katsoulacos & David Ulph: Optimal Enforcement and Decision Structures for Competition Policy: Economic Considerations5: Assimakis Komninos & Katarzyna Czapracka: IP Rights in the EU-Microsoft Saga6: Jean-Yves Art & Pablo Ibáñez Colomo: Judicial Review in Article 1027: Denis Waelbroeck: The assessment of efficiencies under Article 102 and the Commission's Guidance Paper8: Jean-François Bellis & Tim Kasten: Will Efficiencies Play an Increasingly Important Role in the Assessment of Conduct Under Article 102?9: Ioannis Kokkoris: Is there a Gap in the Enforcement of Article 102?10: Ioannis Lianos: Is the availability of 'appropriate' remedies a limit to competition law liability under Article 102?11: Chiara Fumagalli, Jorge Padilla & Michele Polo: Damages for exclusionary practices: a primer
Federico Etro, Full Professor of Economics at the University of Venice, and Ioannis Kokkoris, Reader, University of Reading, Visiting Professor, Bocconi University, Italy
Contributors:
Federico Etro (University of Milan, Bicocca and Intertic)
Ioannis Kokkoris (Reading University and IMEDIPA)
Damien Geradin (Howrey LLP and Tilburg University)
Philip Marsden (British Institute of International and Comparative Law)
Yannis Katsoulacos (Athens University of Economics & Business)
David Ulph (University of St. Andrew's)
Assimakis Komninos (Greek Competition Authority)
Katarzyna Czapracka (White & Case LLP)
Jean-Yves Art (Visiting Professor, College of Europe, Bruges, and University of Liège)
Pablo Ibáñez Colomo (European University Institute)
Denis Waelbroeck (Ashurst, Free University, ULB)
Jean-François Bellis (Van Bael and Bellis and University of Brussels)
Tim Kasten (University of Brussels)
Jorge Padilla (LECG)
Ioannis Lianos (University College, London)
Chiara Fumagalli (Bocconi University, LECG and Bocconi University)
Michele Polo (Bocconi University, LECG and Bocconi University)
"The editors have brought the chapters together well, and have framed the debate well, and the book makes a significant contribution to our understanding of the issues underlying the continuing debates as to the best way to enforce TFEU art.102." - Mark Furse, European Competition Law Review
