Rethinking Exclusionary Abuses in EU Competition Law

Ekaterina Rousseva

This book offers an original interpretation of the case law on exclusionary abuses under Article 82 EC (now Article 102 TFEU, according to the numbering introduced by the Treaty of Lisbon), and it identifies the various factors that have shaped the application of this provision through its history. The book provides an in-depth analysis of the European Commission’s Guidance on enforcement priorities under Article 82 and it makes a provocative proposal for further modernisation of the analysis of exclusionary abuses by recasting the prohibition of abuse of dominance as a norm which deals only with unilateral conduct.

The first part of the book reconsiders fundamental legal and economic concepts underpinning the assessment of exclusionary abuses and identifies the difficulties posed by the principal forms of abusive practices (refusals to deal, predatory pricing, rebates and tying). The EU case law is compared with the US experience under Section 2 of the Sherman Act.

The second part of the book explores solutions, based on the premise that the reform of Article 82 (now Article 102 TFEU) should be in line with the modernisation of Article 81 (now Article 101 TFEU) and the EU merger control rules. The last chapter demonstrates the gradual convergence of the application of Articles 81 and 82 in the area of vertical restraints. It points towards a redefined division of labour between these two provisions with a view to ensuring efficient enforcement, better protection of consumer interests, and clearer incentives for dominant firms to invest in desirable commercial practices.

The book will be of interest to students and practitioners of EU competition law, and to those in other jurisdictions where the application of competition law to practices of dominant firms is controversial.

“...Ekaterina Rousseva’s book offers a stimulating and critical analysis of Article 102 TFEU and constitutes a valuable contribution to the literature.” – Ioannis Lianos, World Competition Law and Economics Review, 34(4)

“...this carefully researched monograph...makes an original and ambitious contribution to the ongoing debate on the reform of art. 102 TFEU. Although its message is primarily addressed to policy-makers, it constitutes a thought-provoking read for anyone interested in the modernisation of EU competition law.” – Anne C. Witt, European Law Review, Volume 36

“Rousseva is an able guide through the heaps of information that have been amassed on the subject in the last few decades. A particular treat is the ease with which Rousseva hops from practice to theory and back while discussing a topic. She does so almost without the reader noticing it. In a field like exclusionary abuses, this is an important asset.

Rousseva’s examination of EU case law is first rate. Her analysis is in-depth and comprehensive. ...Rousseva’s coverage of the topic in terms of scope and depth is first rate. The book is a must for anyone interested in exclusionary abuses in EU competition law.” – Tjarda van der Vijver, European Competition Law Review, Volume 32, Issue 6

“Ms Rousseva’s take on Art 102 TFEU is largely an original one. When writing on a topic and in an atmosphere where the path of least resistance is an ever present temptation, this is a remarkable achievement. A book to own.” – Eric Gippini Fournier, Competition Law Journal

“The reader finds a very useful, comprehensive and essentially up-to-date overview and analysis of exclusionary abuses under Article 102 TFEU. Overall, Rousseva shows exceptional insight into the functioning and application of Article 102 which she undoubtedly acquired through her work at DG Competition. Altogether, this book constitutes a timely and stimulating contribution to the ongoing debate on modernization of Article 102 TFEU.” – Thomas M.J. Möllers and Sabrina Hailer, Common Market Law Review, Volume 48, Issue 1

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  • University of Paris I Panthéon-Sorbonne


Stéphane Rodrigues, Rethinking Exclusionary Abuses in EU Competition Law, May 2010, Concurrences N° 2-2010, Art. N° 31365, p. 199

Publisher Hart Publishing

Date 1 February 2010

Number of pages 578

ISBN 9781841139265

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