EC Competition Law

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Cambridge University Press, 6 ago. 2007 - 527 páginas
The development of competition law in the EU can be explored through three interrelated perspectives: the extent to which controversies in economic thinking affect the design of the law; how changing political visions about the objectives of competition law have caused shifts in the interpretation of the rules; and the institution in charge of applying the rules. The economic and political debates on competition law show that it is a contested terrain, and the way courts and competition authorities apply the law reflects their responses to the objectives and economics of competition law. By characterising the application of competition law as a continuous response to policy and economic debates, the author casts fresh perspectives on the subject. Written with competition law students in mind, Monti sets out economic concepts in a non-technical manner and explores the policy dimension of competition law by referring to key cases and contemporary policy initiatives.
 

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Índice

1
1
Politics Economics
5
the de Havilland decision of
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21 Politics
8
2
20
2 Competition as economic freedom
22
22 The concept of competition in Article 81 EC
25
23 The rule of reason distraction
29
8
245
22 Actual and potential competitors
252
23 Strategic behaviour of the merged entity
253
24 Countervailing buyer power
255
32 The legal solution
258
61 Structural remedies
283
62 Behavioural remedies
286
of National Competition Authorities might provide some peer pressure for
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24 The contribution of the European Courts
31
3 The single market
39
41 Efficiency in Article 81
45
3
53
3 The StructureConductPerformance paradigm
57
42 Policy prescriptions
65
52 Policy prescriptions
71
4
89
4 Employment policy
96
5 Consumer policy
99
8 Placing competition policy in the context of EU policies
113
5
124
2 Dominance in EC competition law
127
32 Market definition in EC competition law
135
62 Quasi per se rules
155
63 An evolving market power analysis
156
7 From commercial power to market power
157
6
159
21 Neoclassical analysis
163
23 The economic freedom paradigm
166
24 Which standard was applied in BAVirgin?
167
31 Raising rivals costs
173
34 Distribution agreements foreclosing entry
183
5 Marketpartitioning abuses
198
52 Market disintegration as the reason for the finding of
199
64 Public policy
210
7
216
3 Refusal to cooperate with competitors
223
34 Essential facilities outside Article 82
234
a synthesis
239
Even those who agree with the Commissions policy however should
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9
308
lessons from the US and UK
342
action is a helpful complement to other competition law norms
344
10
346
23 Intentional exclusion
355
11
392
implement competition policy largely independently of the Council and the
397
by surrendering enforcement to NCAs the Commission was
401
23 Regulation 12003
404
In addition to acting as a cartel buster the Commission
411
32 National Competition Authorities
414
41 Juridification
420
42 Europeanisation of economic governance
421
goods and concluded that the five largest retailers made excessive
423
breach of his statutory duties but the court did not
425
The second way of justifying Crehans right to damages is
429
dominance164 One has to be careful lest the right to
431
persons loss is so small that given the difficulties in
433
the Commission will translate into a legislative proposal The principal
435
The procedural change comes together with a substantive change for
439
12
440
Networknatural monopoly 1 Monopoly provider
443
22 Legislative tools
444
32 Telecommunications
456
33 Electricity
460
44 Monitoring National Regulatory Authorities
471
expansively merely to cure what they think is a regulatory
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61 Exclusion
486
63 Universal service obligations
491
13
497
ensure disciplined pluralism among economic actors This is why the
503

Términos y frases comunes

Sobre el autor (2007)

Giorgio Monti lectures in European competition law at the London School of Economics and Political Sciences.

Información bibliográfica