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Details
This book offers an original interpretation of the case law on exclusionary abuses under Article 82 EC and identifies the various factors that have shaped the application of the provision since its inception. It provides in-depth analysis of the European Commission's Guidance on enforcement priorities under Article 82 and makes a provocative proposal for further modernisation of the application of Article 82 to exclusionary abuses by reconsidering the scope of Article 82 and recasting it as a provision which deals only with unilateral conduct.
The first part of the book reconsiders the fundamental concepts animating Article 82 and the difficulties posed by the principal forms of exclusionary abuse (refusals to deal, predatory pricing, rebates and tying). The EC case law is compared with the US experience under Section 2 of the Sherman Act. The second part of the book explores solutions, based on the premise that the reform of Article 82 should be in line with the modernisation of Article 81 and the EC merger control rules.
In the last chapter the author draws attention to the convergence of the application of Articles 81 and 82 in the area of vertical restraints and argues that the absence of clear borderlines between the two provisions is an obstacle impeding their most effective application. To solve this problem, the author offers a redefined division of labour between Articles 81 and 82 which ensures the protection of consumer interests without depriving dominant firms of incentives to invest.
The book will be of interest primarily to students and practitioners of EC competition law, and to those in other jurisdictions where the application of competition law to the commercial practices of dominant firms is controversial.
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Dr Ekaterina Rousseva was awarded her PhD in law by the European University Institute in Florence. She has practised competition law as an attorney, and is currently a case-handler at the European Commission's Directorate-General for Competition in Brussels.
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...Ekaterina Rousseva's book offers a stimulating and critical analysis of Article 102 TFEU and constitutes a valuable contribution to the literature.
Ioannis Lianos
World Competition Law and Economics Review
34(4)
...this carefully researched monograph...makes an original and ambitious contribution to the ongoing debate on the reform of art. 102 TFEU. Although its message is primarily addressed to policy-makers, it constitutes a thought-provoking read for anyone interested in the modernisation of EU competition law.
Anne C. Witt
European Law Review
Volume 36, August 2011
Rousseva is an able guide through the heaps of information that have been amassed on the subject in the last few decades. A particular treat is the ease with which Rousseva hops from practice to theory and back while discussing a topic. She does so almost without the reader noticing it. In a field like exclusionary abuses, this is an important asset.
Rousseva's examination of EU case law is first rate. Her analysis is in-depth and comprehensive.
Rousseva's coverage of the topic in terms of scope and depth is first rate. The book is a must for anyone interested in exclusionary abuses in EU competition law.
Tjarda van der Vijver
European Competition Law Review
Volume 32, Issue 6
Ms Rousseva's take on Art 102 TFEU is largely an original one. When writing on a topic and in an atmosphere where the path of least resistance is an ever present temptation, this is a remarkable achievement. A book to own.
Eric Gippini Fournier
Competition Law Journal
2010
The reader finds a very useful, comprehensive and essentially up-to-date overview and analysis of exclusionary abuses under Article 102 TFEU. Overall, Rousseva shows exceptional insight into the functioning and application of Article 102 which she undoubtedly acquired through her work at DG Competition. Altogether, this book constitutes a timely and stimulating contribution to the ongoing debate on modernization of Article 102 TFEU.
Thomas M.J. Möllers and Sabrina Hailer
Common Market Law Review
Volume 48, Issue 1
Ms Rousseva’s take on Art 102 TFEU is largely an original one. When writing on a topic and in an atmosphere where the path of least resistance is an ever present temptation, this is a remarkable achievement. A book to own.
Eric Gippini Fournier
Competition Law Journal
2010
