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European Competition Law Annual 2007

A Reformed Approach to Article 82 EC

Editor(s): Claus-Dieter Ehlermann, Mel Marquis
Media of European Competition Law Annual 2007
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Published: 28-11-2008
Format: Hardback
Edition: 1st
Extent: 882
ISBN: 9781841138381
Imprint: Hart Publishing
Series: European Competition Law Annual
Dimensions: 234 x 156 mm
RRP: £160.00
Online price : £144.00
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Loren Epson

About European Competition Law Annual 2007

This is the twelfth in a series on EU Competition Law and Policy produced by the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the written contributions and transcripts in connection with a roundtable debate which examined the EU's enforcement policy as regards the abuse of a dominant position under Article 82 EC. The workshop participants included:

senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and Federal Trade Commission; and

renowned international academics, legal practitioners and professional economists.

In an intense, intimate environment, this group of experts debated a number of legal and economic issues structured according to three broad lines of discussion: 1) comparisons of the concept of monopolization under Section 2 of the Sherman Act with that of abuse of dominance under Article 82 EC; 2) a reformed approach to exclusionary unilateral conduct; and 3) exploitative unilateral conduct and related remedies.

Table Of Contents

Panel I
John Fingleton (OFT)
The objectives of competition policy: protecting consumers, protecting the competitive process, fostering efficiency? Efficiency versus fairness: how relevant remains ordo-liberalism?
David Gerber (Chicago-Kent College of Law), Jorge Padilla (LECG) Commentator: Daniel Zimmer (U. Bonn)
Parallels and differences in the attitudes towards and rules regarding market power: what are the reasons?
Eleanor Fox (NYU), Heike Schweitzer (EUI) Commentator: Jim Venit (Skadden)
John Fingleton (OFT) A reformed approach to Article 82 and the US practice: an overall appreciation
David Meyer (DOJ), John Vickers (Oxford U.)
A reformed approach to Article 82: the impact on private enforcement
Jochen Burrichter (Hengeler)
Panel III
Heike Schweitzer (EUI) Appreciability: when can it be said that a rebate programme causes significant anticompetitive foreclosure?
Simon Bishop (RBB), Einer Elhauge (Harvard U.) Commentator: Rafael Allendesalazar (Martínez Lage)
A reformed approach to exclusionary conduct
Damien Neven (DG Competition), Robert O'Donoghue (Brick Court Chambers)
Giuliano Amato (EUI) Efficiency and anticompetitive effects of tying
Andrea Coscelli (CRA), Frédéric Jenny (Cour de cassation, ESSEC and OFT)
What is the right test for exclusive dealing? Patrick Rey (U. Toulouse), Doug Melamed (WilmerHale), Commentator: Cal Goldman (Blake, Cassels and Graydon)
Panel V
Massimo Motta (EUI), Exploitative conduct
Emil Paulis (DG Competition), Commentator: Lars-Hendrik Röller (ESMT)
The interface between regulation, antitrust and consumer protection legislation. Remedies: is price regulation the answer?
Amelia Fletcher (OFT), Ian Forrester (White and Case) Commentator: William Blumenthal (FTC)
Panel VI
Massimo Motta (EUI), Excessive prices in energy markets
Martin Hellwig (Max Planck Institute - Bonn), Marc van der Woude (Stibbe), Commentator: Mario Siragusa (Cleary)
The (complex) relationship between Article 82 (a) and IP law
Pierre Régibeau (U. Essex ), Damien Geradin (U. Tilburg and Howrey), Commentator: Mark Patterson (EUI and Fordham U.)
Overall Conclusions


“...this book is a welcome addition to the debate on adopting a more modern approach to Article 82EC that has been ongoing for several years. There are some novel insights in both the contributions and the discussions that can be used in building the way forward for Article 82EC...a valuable addition to the literature for all academics and practitioners interested in Article 82EC and more broadly EC competition law.” –  Pinar Akman, European Competition Journal

“Experts concerned with the future development of the law cannot afford to miss consulting this splendid volume. It is handsomely produced. Both the chapters and discussion are by star thinkers in the field.” –  Valentine Korah, World Competition Law and Economics Review

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