Download Abuse of Dominant Position: New Interpretation, New by Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz PDF

By Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier (eds.)

As a part of its evaluate of festival legislation that all started within the past due Nineties, the eu fee proposes to revise its interpretation and alertness of the Treaty’s prohibition of abuses of dominant positions. additionally, it has instigated a debate concerning the advertising of personal enforcement of EC pageant legislation. at the former topic, the fee released a dialogue Paper in 2005; at the latter, a eco-friendly Paper in 2005, via a White Paper in 2008.

The chapters during this quantity seriously appraise the Commission’s proposals, together with the latest ones. The authors additionally spotlight the repercussions of the proposed ‘more fiscal method’ to abuses of dominant positions on deepest litigants’ possibilities to deliver damages activities in nationwide courts for such abuses.

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Additional info for Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?

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Commission Notice on the definition of the relevant market for the purposes of Community competition law, [1997] OJ C 372/5 expressly stated that: “[…] The main purpose of market definition is to identify in a systematic way the competitive constraints that the undertakings involved face”, para. 2. This specific point will be analyzed more extensively, infra para. 2. Is there a Role for Market Definition and Dominance in an effects-based Approach? 39 proposed framework if an undertaking is successful in restricting her output so that the resource she offers on the market becomes scarce and she can then raise the price for it, (supporters of the effects-based approach suggest that) competition authorities must look at how her rivals, if any, will respond and see whether they are likely to offset the effects of the (potential) anticompetitive manoeuvre.

38 6 Implications of the shift towards substantial market power . . . . . . . . . . . . . . . . . . . . . 1 Policy implications and economic shortcomings of the “welfarist” approach . . . . . . . . . . . . 2 Practical implications. The effects-based approach and burden of proof: When do efficiencies matter? . 43 7 Substantial market power, consumer welfare and significant competitive harm: Some flaws in the new effects-based approach . . . . . . . .

1 An inversion of route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Substantial market power and effective competitive constraint . . . . . . . . . . . . . . . . . . 38 6 Implications of the shift towards substantial market power . . . . . . . . . . . . . . . . . . . . . 1 Policy implications and economic shortcomings of the “welfarist” approach .

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