The Law and Economics of Article 102 TFEU is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. Jointly authored by a lawyer and an economist, The Law and Economics of Article 102 TFEU contains an integrated approach to the legal and economic principles that frame policy in this major area of competition law. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition law enforcement against monopoly behaviour. This is a truly outstanding book.With regard to many issues, the authors..achieve an analytical depth which is not even matched by many journal contributions dealing exclusively with those particular subjects. a truly seminal book on Article 82 EC that should and will have a major impact on the further development of this area of EC competition law. The book not only deserves to but certainly also will be widely read by academic and practising lawyers and economists concerned with abuse control. Thomas Eilmansberger Common Market Law Review Vol 44. No 4 Being the first book dedicated to this subject, The Law and Economics of Article 82 EC sets the benchmark very high for any followers.a comprehensive study that adopts a fresh method to the consideration of Art.82 EC.One of the strongest features is perhaps the fact that the economics discussion contains hardly any equations and thus is absolutely accessible to non-economists.The Law and Economics of Article 82 EC can be thought of as saving the reader from having recourse to two separate books by combining the law and economics of Art.82 EC in a coherent framework without leaving anything essential out.a seminal guide for all those interested in Art.82 EC. Pinar Akman The Journal of Business Law March 2007 The text is lucid and there is a wealth of references to economic and legal materials and explanations in careful and substantial footnotes. I found answers to many questions I had not even thought of asking. The work is critical as well as practical.A second edition will be demanded soon after the Commission publishes its intentions next year. This scholarly, practical and very substantial work is warmly welcome. Valentine Korah World Competition Law and Economics Review June 2007 ...this book is one of the best I have come across.the first to thoroughly integrate the economic and legal discussions into a single text.an essential book for any practice dealing in competition law. I would also suggest that it should find its way into university and vocational training law libraries where.a better overall understanding of Art.82 will accrue. Philip Allery European Competition Law Review 2007 This book is an admirable achievement, and the authors are to be congratulated on producing a work of high class and great interest. It is handsomely produced, easy to read, and comprehensive in its scope. Its publication now is timely, as we await the next stage of the Commission's review of Article 82.a first-rate piece of work that will be highly influential in the years ahead and that will be gratefully referred to by everyone interested in this fascinating but difficult topic. It is very highly recommended. Richard Whish Competition Policy International Journal Autumn 2006, Vol. 2, No. 2 La structure de l'ouvrage, qui analyse consecutivement les notions de definition de marche, de position dom
1. INTRODUCTION, SCOPE OF APPLICATION, AND BASIC FRAMEWORK 1.1 INTRODUCTION 1.2 OBJECTIVES OF ARTICLE 102 TFEU 1.3 SCOPE OF APPLICATION OF ARTICLE 102 TFEU 1.4 RELATIONSHIP BETWEEN ARTICLE 102 TFEU AND OTHER LEGAL INSTRUMENTS 2. HISTORY, DEVELOPMENT, AND REFORM 2.1 INTRODUCTION 2.2 HISTORY OF ARTICLE 102 TFEU 2.3 DEVELOPMENT OF ARTICLE 102 TFEU 2.4 THE REFORM OF ARTICLE 102 TFEU 3. MARKET DEFINITION 3.1 INTRODUCTION 3.2 PRODUCT MARKET DEFINITION: BASIC CONCEPTS 3.3 RELEVANT PRODUCT MARKETS: FROM THEORY TO PRACTICE 3.4 GEOGRAPHIC MARKET DEFINITION 3.5 SELECTED ISSUES ON MARKET DEFINITION 4. DOMINANCE 4.1 INTRODUCTION 4.2 SINGLE FIRM DOMINANCE 4.3 COLLECTIVE DOMINANCE 4.4 DOMINANT BUYERS 4.5 "SUPERDOMINANCE" 4.6 COMPARING DOMINANCE UNDER ARTICLE 102 TFEU AND OTHER EU LEGISLATION 4.7 SUBSTANTIAL PART OF THE COMMON MARKET 5. THE GENERAL CONCEPT OF AN ABUSE 5.1 INTRODUCTION 5.2 THE ECONOMICS OF ABUSIVE UNILATERAL CONDUCT 5.3 THE CATEGORIES OF ABUSE UNDER ARTICLE 102 TFEU 5.4 ANTICOMPETITIVE EFFECTS UNDER ARTICLE 102 TFEU 5.5 OBJECTIVE JUSTIFICATION 6. PREDATORY PRICING 6.1 INTRODUCTION 6.2 THE ECONOMICS OF PREDATORY PRICING 6.3 THE BASIC RULES ON BELOW-COST PRICE CUTTING UNDER ARTICLE 102 TFEU 6.4 SPECIFIC ISSUES WITH BELOW-COST PRICING UNDER ARTICLE 102 TFEU 6.5 EXCLUSIONARY ABOVE-COST PRICE CUTS UNDER ARTICLE 102 TFEU 6.6 OBJECTIVE JUSTIFICATION 7. MARGIN SQUEEZE 7.1 INTRODUCTION 7.2 THE ECONOMICS OF MARGIN SQUEEZE 7.3 MINIMUM LEGAL CONDITIONS FOR A MARGIN SQUEEZE 7.4 THE RELATIONSHIP BETWEEN MARGIN SQUEEZE AND OTHER ABUSES 7.5 DIFFICULTIES WITH IDENTIFYING AN ANTICOMPETITIVE MARGIN SQUEEZE IN PRACTICE 7.6 CONFLICTS BETWEEN REGULATION AND COMPETITION LAW IN MARGIN SQUEEZE CASES 8. EXCLUSIVE DEALING AND RELATED PRACTICES 8.1 INTRODUCTION 8.2 ECONOMICS OF EXCLUSIVE DEALING 8.3 EVOLUTION OF THE APPROACH TO EXCLUSIVE DEALING UNDER ARTICLE 102 TFEU 8.4 ASSESSMENT OF EXCLUSIVE DEALING UNDER ARTICLE 102 TFEU 8.5 OBJECTIVE JUSTIFICATION 8.6 PRACTICES FALLING SHORT OF OUTRIGHT EXCLUSIVITY 9. LOYALTY REBATES AND RELATED PRACTICES 9.1 INTRODUCTION 9.2 ECONOMICS OF LOYALTY REBATES 9.3 ASSESSMENT OF LOYALTY REBATES UNDER ARTICLE 102 TFEU 9.4 ANTICOMPETITIVE EFFECTS IN REBATE CASES 9.5 OBJECTIVE JUSTIFICATION 10. REFUSAL TO DEAL 10.1 INTRODUCTION 10.2 THE ECONOMICS OF REFUSAL TO DEAL 10.3 THE DUTY TO DEAL WITH COMPETITORS 10.4 DUTY TO DEAL WITH CUSTOMERS UNDER ARTICLE 102 TFEU 11. TYING AND BUNDLING 11.1 INTRODUCTION 11.2 THE ECONOMICS OF TYING AND BUNDLING 11.3 TYING AND BUNDLING UNDER ARTICLE 102 TFEU 11.4 TYING IN AFTERMARKETS 11.5 MIXED BUNDLING 12. EXCLUSIONARY NON-PRICE ABUSES 12.1 INTRODUCTION 12.2 EXAMPLES OF EXCLUSIONARY NON-PRICE ABUSES 13. ABUSIVE CONDUCT AND STANDARDS 13.1 INTRODUCTION 13.2 THE MEANING OF FRAND TERMS 13.3 INJUNCTIVE RELIEF AND FRAND TERMS 13.4 DECEPTION/MISREPRESTATION 7 13.5 ABUSIVE ACQUISITION OR ACCUMULATION OF IPRs 14. EXCESSIVE PRICING 14.1 INTRODUCTION 14.2 THE ECONOMICS OF EXCESSIVE PRICING 14.3 THE LEGAL TEST(S) FOR EXCESSIVE PRICING 14.4 DIFFICULTIES WITH THE CURRENT APPROACH TO EXCESSIVE PRICING 14.5 ALTERNATIVE APPROACHES TO EXCESSIVE PRICING UNDER ARTICLE 102 TFEU 14.6 CONCLUSION 15. ABUSIVE DISCRIMINATION 15.1 INTRODUCTION 15.2 THE ECONOMICS OF PRICE DISCRIMINATION 15.3 LEGAL CONDITIONS FOR ABUSIVE DISCRIMINATION 15.4 EXAMPLES OF ABUSIVE DISCRIMINATION 15.5 OBJECTIVE JUSTIFICATION 16. OTHER EXPLOITATIVE ABUSES 16.1 INTRODUCTION 16.2 ABUSE OF MONOPSONY PURCHASING POWER 16.3 UNFAIR AND EXPLOITATIVE CONTRACT TERMS 17. EFFECT ON TRADE 17.1 INTRODUCTION 17.2 BASIC LEGAL CONDITIONS FOR EFFECT ON TRADE 17.3 SPECIFIC APPLICATIONS OF THE EFFECT ON TRADE CONCEPT 18. REMEDIES 18.1 INTRODUCTION 18.2 GENERAL PRINCIPLES GOVERNING REMEDIES 18.3 PRINCIPAL TYPES OF ADMINISTRATIVE DECISIONS 18.4 PRINCIPAL TYPES OF REMEDIES 18.5 PRIVATE LITIGATION AND REMEDIES
