By Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier (eds.)
As a part of its evaluation of pageant legislation that begun within the overdue Nineteen Nineties, the ecu fee proposes to revise its interpretation and alertness of the Treaty’s prohibition of abuses of dominant positions. additionally, it has instigated a debate in regards to the advertising of non-public enforcement of EC festival legislations. at the former topic, the fee released a dialogue Paper in 2005; at the latter, a eco-friendly Paper in 2005, by way of a White Paper in 2008.
The chapters during this quantity significantly appraise the Commission’s proposals, together with the newest ones. The authors additionally spotlight the repercussions of the proposed ‘more monetary process’ to abuses of dominant positions on inner most litigants’ possibilities to carry damages activities in nationwide courts for such abuses.
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Additional resources for Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?
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 Consumer welfare and dynamic efficiency .
25 3 Towards the adoption of the new effects-based approach . . . . . . . . . . . . . . . . . . . . . . 27 4 Getting rid of dominance? The long path from dominance to substantial market power . . . . . . . . . . 1 From dominance to substantial market power . . . . . . . . . . . . . . . . . . . . . . . . 1 Market power in economic terms . . . . . . . . . . . . . . . . . . . . . .
However, legislators have drafted a non-exhaustive list of conduct whose anticompetitive character is generally presumed. e. 8 Clearly, this balancing task cannot be performed by recourse to presumption. Moreover, because the Commission allegedly affords a different treatment – more or less favorable – to the behaviors banned by Article 82 EC9 and because the same anticompetitive goal can be achieved through different behaviors, commenta4 5 6 7 8 9 EAGPC-REPORT, note 2, 13. R. 605. EILMANSBERGER, “Dominance-The Lost Child?