Abuse

Abuse of Dominant Position: New Interpretation, New by Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz

By Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier (eds.)

As a part of its assessment of festival legislation that begun within the past due Nineties, the eu fee proposes to revise its interpretation and alertness of the Treaty’s prohibition of abuses of dominant positions. additionally, it has instigated a debate concerning the promoting of personal enforcement of EC festival legislations. at the former topic, the fee released a dialogue Paper in 2005; at the latter, a eco-friendly Paper in 2005, through a White Paper in 2008.

The chapters during this quantity seriously appraise the Commission’s proposals, together with the newest ones. The authors additionally spotlight the repercussions of the proposed ‘more monetary method’ to abuses of dominant positions on deepest litigants’ possibilities to carry damages activities in nationwide courts for such abuses.

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Extra resources for Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?

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In the light of the recent British Airways case, it can be assumed that the ECJ will accept a more nuanced abuse control, without going so far as to depart radically from its settled jurisprudence. Otherwise, it would grant the Commission the power to abolish unwanted case-law with a soft law instrument! Is there a Role for Market Definition and Dominance in an effects-based Approach? 21 Is there a Role for Market Definition and Dominance in an effects-based Approach? Emanuela Arezzo* 1 Introduction .

Moreover, any departure from the existing enforcement practice needs endorsement by the European courts. In the light of the recent British Airways case, it can be assumed that the ECJ will accept a more nuanced abuse control, without going so far as to depart radically from its settled jurisprudence. Otherwise, it would grant the Commission the power to abolish unwanted case-law with a soft law instrument! Is there a Role for Market Definition and Dominance in an effects-based Approach? 21 Is there a Role for Market Definition and Dominance in an effects-based Approach?

1 Consumer welfare and dynamic efficiency . . . . . . . . . . . . . . . . . . . . . . . . . 2 Consumer welfare and market power in information technologies markets . . . . . . . . . . . . . 3 Dominance as the ability to harm rivals in order to gain substantial market power . . . . . . . . . . 4 Consumer welfare and the exclusion paradox . . . . . . . . . . . . . . . . . .

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