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EC Competition Law

A Critical Assessment

Editor(s): Giuliano Amato, Claus-Dieter Ehlermann
Media of EC Competition Law
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Published: 03-05-2007
Format: Hardback
Edition: 1st
Extent: 806
ISBN: 9781841136752
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £120.00
 

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Loren Epson

About EC Competition Law

This book, co-written by a team of European competition law specialists, offers critical perspectives on the whole range of issues in EC competition law. The book has two distinctive features: the first is that unlike similar works which present the law from either an enforcement agency or practitioner perspective in a fairly conventional manner, this work offers fresh, critical reflections on the state of the law. The second is that the authors are young academics, practitioners and administrators who have worked in the relevant fields and who are relatively new "voices" in the competition law literature. Drawn from diverse jurisdictions and professional backgrounds the authors bring a distinctively "European" feel (for instance not drawing exclusively on English language literature), and manage to introduce debates that have been taking place in the non-English language world, thereby assisting a more comprehensive dialogue in this field. The diversity in their professional backgrounds means that each chapter adopts a different perspective, with some chapters focusing on practical solutions to problems, and others exploring more general theoretical questions.
The textbook-like structure places the issues in their appropriate contexts and ensures that readers see how the discussion in each chapter links with the body of law as a whole.
The book is aimed at academic lawyers and practitioners, complementing existing textbooks and allowing the reader to extend his or her understanding of the subject and provide a quick source of reference to the main doctrinal debates on the subject, and offer fresh perspectives on the topics covered. The impact of EC competition law beyond Europe also means that this book will appeal to lawyers in the US, Australia, Canada and beyond.

Table Of Contents

INTRODUCTION
(Giuliano Amato and Claus-Dieter Ehlermann)
PART I: AGREEMENTS
1. Undertakings
The Concept of an 'Undertaking': The Boundaries of the Corporation -
A Discussion of Agency, Employees and Subsidiaries (Chris Townley)
2. Agreements - Concerted Practices (Horizontal Side)
Collusion, Agreements and Concerted Practices: An Economic and Legal
Perspective (Antonio Capobianco)
3. Agreements (Vertical Side)
The Concept of an Agreement and Beyond: How to Block Parallel Imports of Pharmaceuticals to Protect the Heart of Competition (Luis Souto Soubrier)
4. Treatment of Horizontal Agreements
The Quest for Legal Certainty - The EC Competition Law Approach to
Horizontal Co-operation Agreements (Krzysztof Kuik)
5. Treatment of Vertical Agreements
Vertical Agreements: Was the Commission's Response Adequate? On the
Commission's Ability to Reform Long-standing Policies
(Maurizio Gambardella and Francesco Maria Salerno)
PART II: ABUSE OF DOMINANT POSITION
6. Dominance
Article 82 EC - Dominance and Oligopolies (Sigrid Stroux)
7. Pricing Abuses
Unfair and Predatory Pricing under Article 82 EC: From Cost-price Comparisons to the Search for Strategic Standards (David Howarth)
8. Bundling
A Four-step Test to Asses the Exclusionary Effects of Bundling under Article 82 EC
(Jurian Langer)
9. Refusal to Deal
The EC Essential Facilities Doctrine (Vassilis Hatzopoulos)
10. Abuse of Dominant Position Defences
Objective Justification and Article 82 EC in the Era of Modernisation
(Ekaterina Rousseva)
PART III: MERGERS
11. Horizontal and Vertical Mergers
Horizontal and Vertical Mergers in the Reformed EC Merger Control
(James Killick and Axel Schulz)
12. Conglomerate Mergers
A Comparison of the EU and US Approaches
(Richard Burnley)
13. Merger Defences
Efficiencies, Failing Firms and Industrial Policy (Giorgio Monti)
PART IV: COMPETITION LAW AND THE STATE
14. State Action
The State Action Doctrine (Julio Baquero Cruz)
15. Article 86 EC
Services of General Interest and EC Competition Law
(Jerónimo Maillo)
PART V: DECENTRALISATION - ENFORCEMENT -
INTERNATIONAL DIMENSION
16. Modernisation
Modernisation and Decentralisation: Retrospective and Prospective
(Assimakis Komninos)
17. Public Enforcement
Public Enforcement by the Commission: a Strategic Perspective
(Sophie Germont and Ole Andresen)
18. Private Enforcement
Upcoming Issues (Veljko Milutinovic)
19. International Aspects
The Evolution of the EC International Competition Policy (Bruno Zanettin)

Reviews

“...invaluable to both the practitioner and the researcher…this book deserves wide acclaim and will sit comfortably and as a beacon of inspiration next to the more classic texts on EC competition law.” –  Gordon Blanke, European Competition Law Review, Issue 1 2008

“…this book is to be recommended as one which should be on every practitioner's shelf.” –  Ashley Roughton, Journal of Intellectual Property Law and Practice, Vol. 3, No. 1, 2008

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