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Abusive Practices in Competition Law

Abusive Practices in Competition Law

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788117333
  • 出版时间 December 2018
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,627.50

¥1,578.68 Save ¥48.83 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant?

    Including analysis of the EU as well as individual nations such as the USA, Germany, France, Italy, China, Japan, Australia and developing countries, this book presents the state of the art in abusive practices in competition law research. Drawing on a variety of experiences from different jurisdictions, the authors answer the most fundamental questions concerning abusive practices, with a special focus placed on superior bargaining power, economic dependence and unconscionable conduct as thresholds for competition law interventions. Key areas such as market definition in platform markets, use of presumption in antitrust law, commitment procedures and aggregate concentration concerns are all discussed within this context.

    Essential reading for competition lawyers and economists, Abusive Practices in Competition Law gives comprehensive advice and insight for those dealing with antitrust concepts and practical cases of abusive conduct.

  • List of contributors
    Introduction
    Rupprecht Podszun and Fabiana Di Porto
    PART I: FUNDAMENTAL QUESTIONS OF DOMINANCE AND ABUSE
    1. The ordoliberal concept of “abuse” of a dominant position and its impact on Article 102 TFEU
    Peter Behrens
    2. The European Commission’s enforcement of abuse cases. A statistical analysis
    Lorenz Marx
    3. Presumptions and short-cut rules in abuse regulation: (Where) do EU and U.S. antitrust approaches meet?
    Pieter Van Cleynenbreugel
    4. The pitfalls of market definition: Towards an open and evolutionary concept
    Rupprecht Podszun
    5. Exploitative prices in European competition law
    Antonio Robles Martín-Laborda
    6. All’s well that ends well? Abuse regulation in the wake of the financial crisis. The interplay between regulation and the application of competition law to the financial sector
    Luís Silva Morais and Lúcio Tomé Feteira
    7. The application of Article 102 TFEU in the EU energy sector: A critical evaluation of commitments
    Maria Ioannidou
    Part II: Superior Bargaining Power, ECONOMIC DEPENDENCE AND ABUSE
    8. Abuse without dominance in competition law: Abuse of economic dependence and its interface with abuse of dominance
    Mor Bakhoum
    9. Superior Bargaining power: Dealing with aggregate concentration concerns
    Thomas K. Cheng and Michal S. Gal
    10. Unilateral conduct by non-dominant firms: A comparative reappraisal
    Florian Wagner-von Papp
    11. Restraining bargaining power through competition law: Superior bargaining position regulation in Japan as compared with the EU
    Toshiaki Takigawa
    12. Ex-ante and ex-post control of buyer power
    Stefan Thomas
    Part III: National Experiences with the Regulation of Abusive Conduct
    13. The application of the Chinese Antimonopoly Law to state-owned enterprises
    Fang Xiaomin
    14. Unconscionable conduct in the context of competition law with special reference to retailer / supplier relationships within Australia
    Allan Fels and Matthew Lees
    15. The Italian regulation against the abuse of economic dependence at the crossroads
    Valeria Falce
    16. Unconscionable conduct in France
    David Bosco
    17. Comparative analysis of the Japanese Subcontract Act and the regulations on unfair trade practices in the EU: Focus on the grocery industry
    Kazuhiko Fuchikawa
    18. An alternative perspective for assessing abuse of dominance in emerging markets
    Abayomi Al-Ameen
    19. Abuses of dominant and non-dominant position. A tale of (ir)reconcilable views?
    Fabiana Di Porto
    Index

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