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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?

:	Josef Drexl, Reto M. Hilty, Wolfgang Schön, Joseph Straus, Mark-Oliver Mackenrodt, Beatriz Conde Gal
:	Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier
:	Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?
:	Springer-Verlag
:	9783540699651
:	1
:	CHF 85.50
:

:	Vergleichende und internationale Politikwissenschaft
:	English

:	204
:	Wasserzeichen/DRM
:	PC/MAC/eReader/Tablet
:	PDF

As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty's prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008.

The chapters in this volume critically appraise the Commission's proposals, including the most recent ones. The authors also highlight the repercussions of the proposed 'more economic approach' to abuses of dominant positions on private litigants' opportunities to bring damages actions in national courts for such abuses.

	Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?	6
	Table of Contents	9
	List of Contributors	10
	The Reform of Article 82 EC in the Light of the Economic Approach	11
	1 Introduction	11
	2 The Discussion Paper in context	13
	3 The objective of Article 82 EC	19
	4 The as efficient competitor -test	27
	5 Conclusion	29
	Is there a Role for Market Definition and Dominance in an effects- based Approach?	31
	1 Introduction	31
	2 Criticism of the current assessment of unilateral exclusionary practices under Article 82 of the EC Treaty	33
	3 Towards the adoption of the new effects-based approach	37
	4 Getting rid of dominance? The long path from dominance to substantial market power	39
	5 Assessment of substantial market power in the new effects-based approach: How current assessment methodology may change	46
	6 Implications of the shift towards substantial market power	50
	7 Substantial market power, consumer welfare and significant competitive harm: Some flaws in the new effects- based approach	57
	8 Conclusions	63
	Abuse below the Threshold of Dominance? Market Power, Market Dominance, and Abuse of Economic Dependence	65
	1 Introduction	65
	2 Market power	67
	3 Economic dependence	71
	4 Dominant position under Article 82 EC	81
	5 Abusive practices	94
	6 Concluding remarks	98
	Efficiency Defence in Article 82 EC	99
	1 Introduction	99
	2 Defining abusive conduct	100
	3 The proposed efficiency defence	104
	4 Shift in competition policy	105
	5 Limits to the competition policy reform	109
	6 Application of Article 81 (3) EC	112
	7 The Reaction of the Community Courts	114
	8 Passing-on requirement	115
	9 Elimination of competition and efficiency defence	119
	10 Comparison with merger control	123
	11 Conclusion	124
	From Courage v Crehan to the White Paper The Changing Landscape of European Private Enforcement and the Possible Implications for Article 82 EC Litigation	126
	1 Introduction	126
	2 The public value of private action	126
	3 The (under) development of private enforcement in Europe	129
	4 Obstacles, challenges and proposed reforms	134
	5 The interplay between private enforcement and Article 82 EC	140
	6 Concluding remarks	144
	Private Enforcement Is Article 82 EC special?	145
	1 Introduction	145
	2 Private enforcement	146
	3 Article 82 EC and action for damages	152
	4 Should the leniency programme be extended to Article 82 EC?	165
	5 Costs as a disincentive to claim or can they become an incentive?	166
	6 Modernisation of Article 82 EC and the consequences for private enforcement	167
	7 Conclusion	170
	8 Post-script	171
	Private Incentive, Optimal Deterrence and Damage Claims for Abuses of Dominant Positions The Interaction between the Economic Review of the Prohibition of Abuses of Dominant Positions and Private Enforcement	172
	1 Introduction	172
	2 The concepts of individual harm and harm to competition	175
	3 The concept of legal standing	176
	4 Incentives and the optimal level of enforcement	177
	5 Potential private enforcers of Article 82 EC	178
	6 Conclusions	194
	The Role of Consumer Associations in the Enforcement of Article 82 EC	197
	1 Introduction	197
	2 Representative action shall not remove individual right of action	200
	3 Association s standing	203
	4 Distribution of compensation	205
	5 Conclusion	209