Ulteriori informazioni
Zusatztext This book analyses in a coherent and well developed way different aspects of the difficulties prevalent in the enforcement of Art 102 of the Treaty on the Functioning of the European Union.The book addresses controversial issues in a systematic and detailed manner and is an important contribution to the development of the enforcement of Art 102 TFEU. The editor Dr Ariel Ezrachi has done a highly commendable job in ensuring the coherence of the argumentation throughout the book. Informationen zum Autor Ariel Ezrachi is the Slaughter and May Professor of Competition Law at the University of Oxford, UK, Fellow of Pembroke College, and the Director of the University of Oxford Centre for Competition Law and Policy. He is the co-editor-in-chief of the Journal of Antitrust Enforcement and the author, co-author, and editor of numerous books, including How Big-Tech Barons Smash Innovation, EU Competition Law: An Analytical Guide to the Leading Cases, Competition Overdose, and Virtual Competition. Photo courtesy of Faculty of Law, University of Oxford. Klappentext The landscape of European competition law has seen significant changes in the past decade, both in terms of enforcement and substantive application. One of the last frontiers to be subjected to scrutiny has been Article 82. In recent years the European Commission has pushed forward the debate on the nature and scope of Article 82. Of major significance to this debate were the Commission's Consultation Paper on an economic approach to Article 82, the Discussion Paper on the application of Article 82 to exclusionary abuses, and the Commission's recent Guidance on its enforcement priorities in applying Article 82. The debate over the realm of Article 82 EC has raised important questions as to its past and present application. This collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution. The chapters cover a range of subjects, including the legal and economic implications of an effects-based approach to Article 82 EC, the recent Commission Guidance on Article 82 EC, the interface between intellectual property rights and competition law, licensing, tying, excessive pricing, and the protection of the consumer interest. Zusammenfassung This wide-ranging collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution. Inhaltsverzeichnis 1. Reform of Article 82 EC-Can the Law and the Economics be Reconciled? JAMES KAVANAGH, NEIL MARSHALL AND GUNNAR NIELS 2. Categorical Thinking in Competition Law and the 'Effects-based' Approach in Article 82 EC IOANNIS LIANOS 3. The Commission's Guidance on Article 82 EC and the Effects Based Approach-Legal and Practical Challenges ARIEL EZRACHI 4. The Evolution of the Notion of Consumer Interest in Light of the Modernisation of Article 82 EC ORIT DAYAGI-EPSTEIN 5. The Epithet That Dares Not Speak its Name: The Essential Facilities Concept in Article 82 EC and IPRs after the Microsoft Case STEVEN ANDERMAN 6. The Microsoft Case-at the Heart of the IP/Antitrust Intersection DAN EKLÖF 7. A Reformed Approach to Article 82 and the Special Responsibility not to Distort Competition KATHRYN MCMAHON 8. Rhetoric or Reform: Does the Law of Tying and Bundling Reflect the Economic Theory? PRANVERA KËLLEZI 9. The Darker Side of the Moon: Assessment of Excessive Pricing and Proposal for a Post-entry Price-cut Benchmark ARIEL EZRACHI AND DAVID GILO 10. The Sanction of Voidness Under Article 82 EC and its Relation to the Right to Damages ULF BERNITZ ...
