Read e-book online Abuse of Dominant Position: New Interpretation, New PDF

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

ISBN-10: 3540699589

ISBN-13: 9783540699583

ISBN-10: 3540699651

ISBN-13: 9783540699651

As a part of its overview of pageant legislations that begun within the overdue Nineteen Nineties, the ecu 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 non-public 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 latest ones. The authors additionally spotlight the repercussions of the proposed ‘more financial process’ to abuses of dominant positions on inner most litigants’ possibilities to convey damages activities in nationwide courts for such abuses.

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537. pdf; AHLBORN/DENICOLÒ/GERADIN/PADILLA, “DG Comp’s Discussion Paper on Article 82 EC: Implications of the Proposed Framework and Antitrust Rules for Dynamically Competitive Industries”, (2006), available at http://www. pdf. 3 Commentators refer to Regulations on agreements in restraint of trade (Commission Regulation (EC) No. 2790/1999 of 22 December 1999 on the application of Article 81(3) EC of the Treaty to categories of vertical agreements and concerted practices, [1999] OJ L 336/21; Commission Regulation (EC) No.

3 The position endorsed by the European Commission’s Discussion Paper . . . . . . . . . . . . . . 34 5 Assessment of substantial market power in the new effects-based approach: How current assessment methodology may change . . . . . . . . . . . . . . . . . . . . . . . . . 1 An inversion of route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Substantial market power and effective competitive constraint .

EUROPEAN COMMISSION, note 56, paras 23, 9 and 28, 10. And indeed it has become really common - thanks to the increased recourse to economic analysis in antitrust law – to treat dominance and market power as synonyms. MONTI, note 13, 32 et seq. Monti notices that the Commission has already introduced the economic concept of SMP in the field of electronic communications (cf. Directive 2002/21 of the European Parliament and of the Council of 7 March 2002 on a common framework for electronic communications networks and services, [2002] OJ L108/33, Article 14 (2).

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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? by Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier (eds.)


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