The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Anca Daniela Chirita

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to for review in this section.

This book approaches the substantive provisions on the abuse of dominance by undertakings, the relevant economic and historically rooted approaches, including EU competition policy goals after Lisbon, based on the German and Romanian legal context, competition enforcement, and experience. It analyzes the relevance of stricter national rules, especially of non-dominant undertakings based on traders’ performance as a distinct field of law focused on the exploitative abuse as unfair methods of competition. The book highlights how the Commission’s Guidance Paper included an incipient model of more effects-based competition law that departs from the static market structure focus on exclusionary abuse and focuses on harm and efficiencies. It also covers recent cases on the misuse of intellectual and industrial property rights, including unified standards and smaller businesses. It explains the thin borderline between free and fair competition, based on open markets and public policy, with innovation balancing respectively. The book gradually advances new interpretations of Article 102 TFEU to include dynamic competition, and it concludes with a developing EU trading law in need of a Regulation governing aspects of fair competition and relevant administrative criteria.



Anca Daniel Chirita, The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU, September 2011, Concurrences N° 3-2011, Art. N° 109896

Publisher Nomos

Date 30 May 2011

Number of pages 395

ISBN 9783832964351

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