The Controversy Over The Application Of The As Efficient Competitor Test As A Tool To Distinguish Pro Competitive From Anti Competitive Fidelity Rebates PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Controversy Over The Application Of The As Efficient Competitor Test As A Tool To Distinguish Pro Competitive From Anti Competitive Fidelity Rebates PDF full book. Access full book title The Controversy Over The Application Of The As Efficient Competitor Test As A Tool To Distinguish Pro Competitive From Anti Competitive Fidelity Rebates.
Author | : Miroslava Marinova |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : |
ISBN | : |
Download The Controversy Over the Application of the 'as Efficient Competitor' Test as a Tool to Distinguish Pro-competitive from Anti-competitive Fidelity Rebates Book in PDF, ePub and Kindle
Author | : Miroslava Marinova |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 226 |
Release | : 2018-11-07 |
Genre | : Law |
ISBN | : 9403505710 |
Download Fidelity Rebates in Competition Law Book in PDF, ePub and Kindle
This book examines the treatment of fdelity rebates as one of the most controversial topics in EU competition law. The controversy arose from the lack of clarity as to how to distinguish between rebates that constitute a legitimate business practice and those that might have anticompetitive e?ects, as the same type of rebates could be pro-competitive or anticompetitive depending on their e?ects on competition. This book clarifes the appropriate treatment of fdelity rebates under EU competition law by o?ering original insights on the way in which abusive rebates should be identifed, taking into account the wealth of EU case law in this area, the economics' literature and the perspective of US antitrust law. The critical discussion on the case law is centred on the idea as to whether the as efcient competitor (AEC) test is an important part of the assessment of fdelity rebates and in which circumstances it could be used as one tool among others. The analysis treats such issues and topics as the following: – What motivated the EU Courts to treat fdelity rebates as illegal ‘by object'? – Why has this case law drawn so much criticism from academics and other commentators? – What can we learn from the economic theories of exclusive dealing and fdelity rebates, and whether the strict approach of the Courts can be supported by economic empirical studies? – What is the meaning attached to the notion of an ‘e?ects-based' approach as an expression of the reform of Article 102? – Why is the controversy regarding the treatment of fdelity rebates still a live issue after the Intel and the Post Danmark II judgments? – In which circumstances the price-cost test can be used as a reliable tool to distinguish between anticompetitive and pro-competitive fdelity rebates? – Can we evaluate the e?ect of fdelity rebates without necessarily carrying out a price-cost test? – Can we consider the AEC test as a single unifying test for all types of exclusionary abuses? – What can we learn about the application of the AEC test in fdelity rebate cases from the recent US case law? A concluding chapter provides an original perspective and also policy recommendations on how the abusive character of fdelity rebates should be assessed including an appropriate legal test that is administrable, creates predictability and legal certainty and minimises the risk of errors and the cost of those mistakes. This book takes a giant step towards improving the understanding of the legal treatment of fdelity rebates and understanding as to whether the treatment of fdelity rebates could be e?ects-based, without necessarily carrying out an AEC test. It will also contribute signifcantly to the practical work of enforcement agencies, courts and private entities and their advisors. book's parallel study of US and EU competition law.
Author | : Adina Claici |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 317 |
Release | : 2024-06-10 |
Genre | : Law |
ISBN | : 9403522488 |
Download Competition and Energy Markets Book in PDF, ePub and Kindle
The extraordinary double crisis of the COVID-19 pandemic and the war in Ukraine has given rise to an unprecedented geopolitical dilemma for the EU institutions, especially in the energy sector – that of ensuring the security of energy supply while at the same time upholding committed emission targets. Against this backdrop, this important and timely volume provides guidance on how to address the crucial trade-offs that must be navigated, considering areas of competition policy where the most challenging objectives must be met. The contributing authors, who include prominent practitioners and academics, members of the European Commission, and representatives of national competition authorities, address various issues around the new energy dilemma in relation to such aspects as the following: affordability of energy prices; EU energy infrastructures; solidarity amongst Member States; reform of the electricity market design and competition enforcement; fitness and appropriateness of EU State aid tools; and competition enforcers’ perspectives. The book gathers and revises papers and presentations given at the 2023 Annual Conference of the Global Competition Law Center (GCLC) of the College of Europe. Although other constraints beyond the security of supply and the path towards a green economy do, of course, exist, they do not alter the existence of the trade-offs and rather make them even more problematic and unavoidable. Consequently, all professionals and officials involved in shaping energy policy will greatly appreciate this invaluable book. For practitioners, policymakers and academics working on competition law, the book will provide valuable food for thought and guidance in the years ahead.
Author | : Robert O'Donoghue QC |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1368 |
Release | : 2020-09-03 |
Genre | : Law |
ISBN | : 1509942971 |
Download Law and Economics of Article 102 TFEU Book in PDF, ePub and Kindle
“a reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, Qualcomm.
Author | : Paul Lambert |
Publisher | : Bloomsbury Publishing |
Total Pages | : 686 |
Release | : 2022-02-10 |
Genre | : Computers |
ISBN | : 152651785X |
Download Gringras: The Laws of the Internet Book in PDF, ePub and Kindle
The free flow of information and services around the world via the Internet constantly creates new issues and problems, such as rules of jurisdiction and applicable law, how new products and services should be regulated and many more. The sixth edition is updated with numerous new practical examples, cases (court cases and ICO complaint cases), laws and developments, including the following: · new Brexit legislation across all areas from January 2021 (post Brexit on 31 December 2020); · new Data Protection Act replacing Data Protection Act 2018; · new ePrivacy Regulations (PECR); · new ePrivacy Regulation (EU); · transition of EU registered trade marks and designs into new UK IP rights from 1 January 2021 creating new UK IP rights and new UK rightsholders; · changes in seeking IP protection in EU for UK residents; · changes in UK rightsholders seeking to take infringement actions outside of UK; · status of unregistered IP rights post Brexit; · different impacts on different IP rights; · status of UK commercial contracts, interpretation, and enforceability, · status of pre-existing contracts created prior to Brexit and which refer to EU and UK being in EU; · status, extent and scope of new contracts after Brexit; · UK torts and insurance law as impacted by Brexit; · changes in crime, data retention and international issues; · taxation changes, international relations, international Treaties, and EU · competition, internet, and regulator changes – including Brexit; · new UK caselaw; · news UK regulator cases, decision, sanctions and fines; · new EU caselaw. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Author | : Claus-Dieter Ehlermann |
Publisher | : Bloomsbury Publishing |
Total Pages | : 882 |
Release | : 2008-11-28 |
Genre | : Law |
ISBN | : 1847314678 |
Download European Competition Law Annual 2007 Book in PDF, ePub and Kindle
This is the twelfth in a series on EU Competition Law and Policy produced by the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the written contributions and transcripts in connection with a roundtable debate which examined the EU's enforcement policy as regards the abuse of a dominant position under Article 82 EC. The workshop participants included: senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and Federal Trade Commission; and renowned international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues structured according to three broad lines of discussion: 1) comparisons of the concept of monopolization under Section 2 of the Sherman Act with that of abuse of dominance under Article 82 EC; 2) a reformed approach to exclusionary unilateral conduct; and 3) exploitative unilateral conduct and related remedies.
Author | : Michael A. Crew |
Publisher | : Edward Elgar Publishing |
Total Pages | : 405 |
Release | : 2010-01-01 |
Genre | : Political Science |
ISBN | : 1849803250 |
Download Heightening Competition in the Postal and Delivery Sector Book in PDF, ePub and Kindle
This compilation of original essays by an international cast of top scholars addresses some of the major issues now facing postal and delivery services throughout the world. The European Commission and member states wrestle with the problem of how to implement the scheduled liberalization of these sectors and maintain the universal service obligation while the United States Postal Service is coming to terms with the Postal Accountability and Enhancement Act. In addition, the book addresses the impact of electronic competition as well as other problems facing the field. The contributors analyze pressing issues such as access to infrastructure and service elements, changes in the national regulations of EU countries, forecasting mail volumes and the evolving market environment, issues surrounding universal service and others. Undergraduate and postgraduate students and researchers in regulation and public sector economics along with industry professionals will find this volume informative and useful.
Author | : Roger J. Van den Bergh |
Publisher | : Edward Elgar Publishing |
Total Pages | : 536 |
Release | : 2017-09-29 |
Genre | : Law |
ISBN | : 1786438313 |
Download Comparative Competition Law and Economics Book in PDF, ePub and Kindle
Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches.
Author | : Canada. Competition Bureau |
Publisher | : Canadian Government Publishing |
Total Pages | : 58 |
Release | : 2000 |
Genre | : Intellectual property |
ISBN | : 9780662652243 |
Download Intellectual Property Enforcement Guidelines Book in PDF, ePub and Kindle
Author | : Renato Nazzini |
Publisher | : Oxford University Press |
Total Pages | : 486 |
Release | : 2011-12 |
Genre | : Law |
ISBN | : 0199226156 |
Download The Foundations of European Union Competition Law Book in PDF, ePub and Kindle
Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the common market. Here the difficulties of assessing abuse in terms of Article 82 in light of the objectives of EU competition law are addressed to establish a robust and workable analytical framework for abuse of dominance.