Abusive practices in competition law / edited by Fabiana Di Porto (Professor of Law, Economics and Innovation, University of Salento, Italy), and Rupprecht Podszun (Chair for Civil Law, German and European Competition Law, Heinrich Heine University Düsseldorf, Germany).
2018
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Title
Abusive practices in competition law / edited by Fabiana Di Porto (Professor of Law, Economics and Innovation, University of Salento, Italy), and Rupprecht Podszun (Chair for Civil Law, German and European Competition Law, Heinrich Heine University Düsseldorf, Germany).
Added Corporate Author
Imprint
Northampton, MA : Edward Elgar Pub., 2018.
Description
1 online resource (512 pages).
Series
ASCOLA competition law.
Formatted Contents Note
Contents: 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.
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.
Summary
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.
Note
Includes index.
Source of Description
Description based on print record.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781788117340 e-book
Record Appears in