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This book explores the interface between competition law and market
integration in the application of Article 102 of the Treaty on the
Functioning of the European Union (TFEU), focusing on the notion of
'market separation'-namely conduct that may hinder cross-border
trade. The discussion reviews, among other things, the treatment of
geographic price discrimination and exclusionary abuse, by which
out-of-state competitors are affected. 'Market separation' cases
are treated in the book as a case study for appraising the
interface between competition and the Internal Market. On this
basis, the book provides a comparative analysis of the Treaty
requirements under Article 102 TFEU when applied in 'market
separation' cases and the Treaty requirements under the free
movement provisions. In addition, it utilises 'market separation'
cases as a springboard for advancing an informed reformulation of
the application of Article 102 TFEU when state action comes into
play. All in all, the analysis presented in the book deconstructs
the elements for establishing 'market separation' as an abuse of
the dominant position. It shows that there is nothing that would
justify a distinctive treatment of 'market separation' under
Article 102 TFEU, other than a principled understanding of Internal
Market law as a whole: whatever understanding one reaches about the
proper shape of the Internal Market, interrogation of the proper
application of competition law comes after that and thus should be
informed by this understanding.
This book explores the interface between competition law and market
integration in the application of Article 102 of the Treaty on the
Functioning of the European Union (TFEU), focusing on the notion of
'market separation'-namely conduct that may hinder cross-border
trade. The discussion reviews, among other things, the treatment of
geographic price discrimination and exclusionary abuse, by which
out-of-state competitors are affected. 'Market separation' cases
are treated in the book as a case study for appraising the
interface between competition and the Internal Market. On this
basis, the book provides a comparative analysis of the Treaty
requirements under Article 102 TFEU when applied in 'market
separation' cases and the Treaty requirements under the free
movement provisions. In addition, it utilises 'market separation'
cases as a springboard for advancing an informed reformulation of
the application of Article 102 TFEU when state action comes into
play. All in all, the analysis presented in the book deconstructs
the elements for establishing 'market separation' as an abuse of
the dominant position. It shows that there is nothing that would
justify a distinctive treatment of 'market separation' under
Article 102 TFEU, other than a principled understanding of Internal
Market law as a whole: whatever understanding one reaches about the
proper shape of the Internal Market, interrogation of the proper
application of competition law comes after that and thus should be
informed by this understanding.
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