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Article 82 EC - Reflections on its Recent Evolution (Hardcover)
Loot Price: R3,218
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Article 82 EC - Reflections on its Recent Evolution (Hardcover)
Series: Studies of the Oxford Institute of European and Comparative Law
Expected to ship within 12 - 17 working days
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The European Commission's review of its approach to abuse of
dominance under Article 82 of the EC Treaty has been stimulating
debate for several years. In July 2005, the Commission published
its consultation paper 'An economic approach to Article 82, ' in
which the Economic Advisory Group for Competition Policy (EAGCP)
questioned the merits of the traditional formalistic approach to
Article 82 EC cases. This paper advocated an effects-based approach
focused on competitive harm. Then the Commission published its
'Discussion Paper on the application of Article 82 of the Treaty to
exclusionary abuses' (the 'Discussion Paper'). This eagerly awaited
document, although more restrictive in nature than the 'EAGCP
Paper, ' has been viewed by many as a first practical step toward a
more economic approach to Article 82 EC. The debate over the scope
and analysis of Article 82 EC has raised important questions as to
its past and present application. This collection of essays by
international experts explores the boundaries of Article 82 EC and
considers recent developments in its application. The first four
chapters look at the economics, law, and enforceability of the
proposed reform. Chapters five and six consider the interaction
between competition law and intellectual property rights. The
seventh chapter considers the provision of remedies in cases of
refusal to supply and the eighth chapter explores the other side of
the abuse story, namely exploitative practices, focusing on the
treatment of excessive price
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