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EU Competition Law and the Information and Communication Technology Network Industries

Economic versus Legal Concepts in Pursuit of (Consumer) Welfare

By: Andrej Fatur
Media of EU Competition Law and the Information and Communication Technology Network Industries
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Published: 08-03-2012
Format: PDF eBook (?)
Edition: 1st
Extent: 312
ISBN: 9781847319128
Imprint: Hart Publishing
RRP: £99.00
Online price : £79.20
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About EU Competition Law and the Information and Communication Technology Network Industries

Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.

Table Of Contents

1. Introduction
2. ICT Network Industries
3. The Economics of Competition Policy
4. The Economics of the ICT Network Industries
5. Analytical Framework, Market Definition and the Assessment of Market Power
6. Unilateral Exclusionary Conduct and ICT Network Industries
7. Collective Behaviour and ICT Network Industries
8. Mergers and ICT Network Industries
9. Two-sided Platforms and Competitive Harm
10. Conclusion and Outlook


“…a timely and most welcome addition to the literature…The monograph successfully summarises complex economic issues that are specific to ICT industries and presents them in a way that is accessible to lawyers.” –  Pablo Ibanez Colomo, European Law Review, Volume 39, February 2014

“... an extremely valuable book on this topical subject, which will prove very useful for both academics and practitioners examining competition enforcement dynamics in the ICT sector.” –  Valerio Torti, European Competition Law Review, Volume 34, Issue 9

“...this book is an ambitious attempt to analyse critically European competition policy in relation to ICT markets. Fatur's work is...highly readable and engaging... is certainly valuable at a descriptive level, and points out many opportunities for follow-up research into the subject matter.” –  Jasper P. Sluijs, Common Market Law Review, Volume 50(3)

“Although there are many publications dealing with specific aspects of the subject matter, in particular the Microsoft cases, the publication in question provides a unique contribution to this area of study...there are virtually no other publications offering a comprehensive analysis of this area of law. Therefore, this publication could prove very useful to both academics and practitioners, who want to familiarize themselves with the application of competition law in the ICT sector, as well as the various intricacies and issues that may arise...a great book, which is likely to become an exceptional point of reference for students, researchers and practitioners of competition law in the ICT sector.” –  Laise Da Correggio Luciano, International Journal of Law and Information Technology, Volume 21(1)

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