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See version in english A gap in the enforcement of article 82 EC

KOKKORIS Ioannis, British Institute of International and Comparative Law, 120 p.

A gap in the enforcement of article 82 EC

Ioannis Kokkoris

With incisive and thought-provoking contributions from both leading academics and practitioners, this book addresses in detail the major areas in relation to the Commission Guidance Paper on Applying Article 82 of the EC Treaty (now Article 102). The paper has been at the centre of much of the recent debate on antitrust policy in Europe and has generated significant controversy and intense debate. The authors contend that the guidance from the Commission is on the one hand entirely justifiable in its focus on consumer harm in identifying what constitutes an abuse, but that on the other is not consistent enough in its message, nor indeed does it offer enough structural guidance on the practical application of the approach. The book addresses all of these concerns, considers the reform of article 102, and identifies the challenges inherent in its enforcement, looking for instance at enforcement in certain sectors, such as the high tech sector. The book considers recent seminal antitrust cases such as the Microsoft case to illuminate and better understand abuse of dominance. It brings a line of clarity to often contradictory messages and in so doing provides invaluable practical guidance to enforcers and practitioners alike.

The editors combine the insight of a leading international economist and an experienced antitrust scholar, and the contributions are linked by a common emphasis on a strong economic approach to antitrust enforcement.

  • The first book to focus exclusively on the practical challenges in enforcing Article 102
  • Provides extensive analysis by a team of economists and lawyers giving valuable legal and economic perspectives on the Commission’s approach
  • Chapter introductions ensure coherence and consistency
  • Underpins legal analysis with a strong economic approach

"The editors have brought the chapters together well, and have framed the debate well, and the book makes a significant contribution to our understanding of the issues underlying the continuing debates as to the best way to enforce TFEU art.102." - Mark Furse, European Competition Law Review

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Author

Quotation

Caroline Si Bouazza Derian, A gap in the enforcement of article 82 EC, May 2010, Concurrences Review N° 2-2010, Art. N° 31334, p. 194

Publisher British Institute of International & Comparative Law

Date 25 June 2009

Number of pages 134

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