Rethinking Exclusionary Abuses in EU Competition Law - Hardcover

Rousseva, Ekaterina

Hardcover

ISBN 10: 1841139262 ISBN 13: 9781841139265

Publisher: Hart Publishing, 2010

Synopsis

This book offers an original interpretation of the EC case law on exclusionary abuses under Article 82 EC and identifies the various factors that have shaped the application of the provision since its inception. It provides in-depth analysis of the European Commission's guidance on enforcement priorities under Article 82, and it makes a provocative proposal for further modernization of the application of Article 82 to exclusionary abuses by reconsidering the scope of Article 82 and recasting it as a provision which deals only with unilateral conduct. The first part of the book reconsiders the fundamental concepts animating Article 82 and the difficulties posed by the principal forms of exclusionary abuse (refusals to deal, predatory pricing, rebates, and tying). The EC 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 should be in line with the modernization of Article 81 and the EC merger control rules. In the last chapter, the author draws attention to the convergence of the application of Article 81 and Article 82 in the area of vertical restraints and argues that the absence of clear borderlines between the two provisions is an obstacle impeding their most effective application. To solve this problem, the author offers a redefined division of labor between Article 81 and Article 82, which ensures the protection of consumer interests without depriving dominant firms of incentives to invest.

About this title

From the Author

Dr Ekaterina Rousseva was awarded her PhD in law by the European University Institute in Florence. She has practised competition law as an attorney, and is currently a case-handler at the European Commission's Directorate-General for Competition in Brussels.

Review

...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, August 2011 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 2010 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 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 2010

Edition details

• Publisher: Hart Publishing
• Publication date: 2010
• ISBN 10: 1841139262
• ISBN 13: 9781841139265
• Binding: Hardcover
• Language: English
• Number of pages: 578