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Abuse of Dominance in EU Competition Law

Emerging Trends Edited by Pier Luigi Parcu and Giorgio Monti, European University Institute, Italy and Marco Botta, Max-Planck-Institut für Innovation und Wettbewerb, Germany
Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.
Extent: 208 pp
Hardback Price: $125.00 Web: $112.50
Publication Date: 2017
ISBN: 978 1 78536 761 8
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  • Law - Academic
  • Competition and Antitrust Law
  • European Law
Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.

Employing a range of case studies, this illuminating book adds a cross-country perspective to the growing debate surrounding the scope of application of Article 102 of the TFEU; a debate largely caused by its ambiguous wording. Besides analysing the case law of the EU Courts and EU Commission that determine what conduct falls in the ‘abuse’ box, a number of chapters examine the active contribution of national courts and competition authorities in the ongoing process of shaping the meaning of this legal provision.

Astute and discerning, this book will appeal to academics and researchers in the areas of EU competition law and policy. Its practical examples will also prove beneficial to practitioners and national competition authorities.
‘An analysis of emerging trends in the application of abuse of dominance provisions is an ambitious endeavour, which the authors of this volume have remarkably achieved. Among the trends identified are an increased focus by courts on the intention to harm competition, new types of abuses and decentralization. These trends shape the authors’ analysis of the divergent manners in which Article 102 (and/or national equivalents) are interpreted and applied both at EU and national levels. Including a thorough study of recent national cases, this book’s comparative approach will provide relevant insight to the entire competition law world. I strongly endorse this book and congratulate the authors on their successful contributions.’
– Hein Hobbelen, Freshfields Bruckhaus Deringer, Belgium

‘With its cross-border perspective and wealth of research into the practical applications of ‘abuse of dominance’ provisions this book will prove to be of immense value to practitioners, academics and policy makers alike. Commercial lawyers will find it especially useful.’
– The Barrister
Contributors: M. Botta, R. Karova, M. Marquis, G. Monti, P.L. Parcu, P.A. Perinetto, F. Schuhmacher, H. Schweitzer, M. Siragusa, M.L. Stasi, R. Whish



Contents:

Foreword

1. Introduction
Pier Luigi Parcu, Giorgio Monti and Marco Botta

2. The role of intent in the assessment of conducts under Article 102 TFEU
Pier Luigi Parcu and Maria Luisa Stasi

3. Article 102: Sources of Interpretation
Giorgio Monti

4. Article 102 TFEU in the UK: Victims of Abuse Go Directly to Court
Richard Whish

5. Standard-essential patents and abusive patent injunctions – the interplay between German courts and the CJEU
Heike Schweitzer

6. Finding of dominance in Austria and Germany – What is the proper role of presumptions of dominance?
Florian Schuhmacher

7. Italy - New forms of abuse of dominance and abuse of law
Mario Siragusa

8. Abuse of dominance in regulated sectors in Italy: recent enforcement trends
Patrick Actis Perinetto and Mel Marquis

9. Sanctioning excessive energy prices as abuse of dominance; Are the EU Commission and the National Competition Authorities on the same frequency?
Rozeta Karova and Marco Botta

Index