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The Boundaries of EC Competition Law - The Scope of Article 81 (Hardcover)
Loot Price: R2,684
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The Boundaries of EC Competition Law - The Scope of Article 81 (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 12 - 17 working days
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This monograph addresses two problems surrounding the
interpretation and application of Article 81 of the EC Treaty -
what is competition and how does Article 81 ensure that competition
is protected. After over 40 years of application and a period of
modernisation, decentralisation, and reflection, it is possible to
understand Article 81 and what it seeks to achieve. The monograph's
aim is to reveal the intellectual order and rational structure
underlying the law so as to enable the reader to understand Article
81 in a clear and rigorous manner. This is done by breaking Article
81 down into its constituent elements and examining the function
that each element serves. Arguing that jurisdiction rests on a
public/private distinction, both the substantive and the
justificatory rules are cast to generate obligations appropriate
for private actors to perform. Actors and activities falling within
the scope of Article 81 are subject to the substantive element
prohibiting contrived reductions in output. Since output reduction
can co-exist with cost reduction/innovation, and that these latter
features are desirable, cost reduction and innovation operate to
justify infringement of the substantive obligation. Thus this
monograph argues that output, cost and innovation are the only
legitimate issues in an Article 81 analysis. It is in this sense
that the monograph is concerned with the boundaries of Article 81
EC.
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