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Article 82 EC

Reflections on its Recent Evolution

Editor(s): Ariel Ezrachi
Media of Article 82 EC
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Published: 28-10-2009
Format: Hardback
Edition: 1st
Extent: 232
ISBN: 9781841132501
Imprint: Hart Publishing
Series: Studies of the Oxford Institute of European and Comparative Law
Dimensions: 234 x 156 mm
RRP: £80.00
Online price : £56.00
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Loren Epson

About Article 82 EC

The landscape of European competition law has seen significant changes in the past decade, both in terms of enforcement and substantive application. One of the last frontiers to be subjected to scrutiny has been Article 82. In recent years the European Commission has pushed forward the debate on the nature and scope of Article 82. Of major significance to this debate were the Commission's Consultation Paper on an economic approach to Article 82, the Discussion Paper on the application of Article 82 to exclusionary abuses, and the Commission's recent Guidance on its enforcement priorities in applying Article 82.

The debate over the realm of Article 82 EC has raised important questions as to its past and present application. This collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution. The chapters cover a range of subjects, including the legal and economic implications of an effects-based approach to Article 82 EC, the recent Commission Guidance on Article 82 EC, the interface between intellectual property rights and competition law, licensing, tying, excessive pricing, and the protection of the consumer interest.

Table Of Contents

1. Reform of Article 82 EC-Can the Law and the Economics be
2. Categorical Thinking in Competition Law and the 'Effects-based'
Approach in Article 82 EC
3. The Commission's Guidance on Article 82 EC and the Effects
Based Approach-Legal and Practical Challenges
4. The Evolution of the Notion of Consumer Interest in Light
of the Modernisation of Article 82 EC
5. The Epithet That Dares Not Speak its Name: The Essential Facilities
Concept in Article 82 EC and IPRs after the Microsoft Case
6. The Microsoft Case-at the Heart of the IP/Antitrust
7. A Reformed Approach to Article 82 and the Special
Responsibility not to Distort Competition
8. Rhetoric or Reform: Does the Law of Tying and Bundling
Reflect the Economic Theory?
9. The Darker Side of the Moon: Assessment of Excessive Pricing
and Proposal for a Post-entry Price-cut Benchmark
10. The Sanction of Voidness Under Article 82 EC and its
Relation to the Right to Damages


“With such a wide range of subjects and thought-provoking contributions, the book is certainly recommendable to the specialist reader in anti-trust.” –  Dr Pinar Akman, European Law Review, Volume 36

“This book will be a delight to all legal experts and policy makers who, from a professional perspective, have to take into account developments in this branch of competition law. In the book they will find a wealth of seriously developed ideas, based on different aspects of difficulties arising in this area.” –  Pierre Bouvier, Agence Europe: Bulletin Quotidien Europe

“The contributions in this book are clearly written and often thought-provoking. The chapters can be read stand-alone. This is useful for the reader who uses the book as a reference work.
This book is a valuable contribution to the understanding of the latest development in art.102 TFEU. Ezrachi and the other authors did a wonderful job in explaining difficult concepts in a relatively easy way.
” –  Tjarda van der Vijver, European Competition Law Review, Volume 31, Issue 7

“The quality of the chapters is superlative. Each is critical and perceptive. They make a considerable contribution to the debate on the enforcement of article 82. The papers have been well edited and it is handy to have 10 chapters on related matters in a single slim volume.” –  Valentine Korah, World Competition Law and Economics Review , Volume 33, Issue 1,

Article 82 EC ... comprises interesting, exhaustive and stimulating contributions on a number of important and still not completely resolved questions...Overall, the clear and detailed examination of the relevant economic theories along with the appraisal of the applicable legal principles make this collection a useful source of information and of stimuli for future discussions among both academics and practitioners active in the field of competition law.” –  Arianna Andreangeli, Common Market Law Review

“This book analyses in a coherent and well developed way different aspects of the difficulties prevalent in the enforcement of Art 102 of the Treaty on the Functioning of the European Union.

The book addresses controversial issues in a systematic and detailed manner and is an important contribution to the development of the enforcement of Art 102 TFEU. The editor Dr Ariel Ezrachi has done a highly commendable job in ensuring the coherence of the argumentation throughout the book.

” –  Dr Ioannis Kokkoris, Competition Law Journal

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