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Law and Economics of Article 102 TFEU

By: Robert O'Donoghue QC, Jorge Padilla
Media of Law and Economics of Article 102 TFEU
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Published: 20-08-2020
Format: Hardback
Edition: 3rd
Extent: 1368
ISBN: 9781509940868
Imprint: Hart Publishing
Dimensions: 244 x 169 mm
RRP: £250.00
Online price : £225.00
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About Law and Economics of Article 102 TFEU

“A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.”
Judge Nils Wahl, Court of Justice of the European Union

This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms.

Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length.

The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.

Table Of Contents

Summary of Contents

1. Introduction, Scope of Application, and Basic Framework
2. History, Development, and Reform
3. Market Definition
4. Dominance
5. The General Concept of An Abuse
6. Predatory Pricing
7. Margin Squeeze
8. Exclusive Dealing and Related Practices
9. Loyalty Rebates and Related Practices
10. Refusal to Deal
11. Tying and Bundling
12. Exclusionary Non-Price Abuses
13. Abusive Conduct and Standards
14. Excessive Pricing
15. Abusive Discrimination
16. Other Exploitative Abuses
17. Abuses in Digital Platform Markets
18. Effect on Trade


“Today's [competition] bible is clearly, and without the shadow of a doubt, THE reference on Article 102 TFEU. I guess everyone should thank Robert O'Donoghue and Jorge Padilla for the assistance they have provided to the competition community since the 1st ed. There is a world before and a world after "The Law and Economics of Article 102 TFEU". Clearly, this book should be compulsory reading for anyone approaching the law of abuse of dominance. I guess it should even be subsidised by agencies.” –  Nicolas Petit, Chillin Competition Blog

“Although it takes a law and economics approach, the book is highly accessible to the mere lawyer.” –  Christopher Stothers, European Competition Law Review, Volume 35, Issue 8

“The work is thoughtful, grammatical, lucid and tightly written...I have not found anything on Article 102 TFEU as easy to follow as this analysis of a difficult topic. It is most welcome.” –  Valentine Korah, World Competition Law and Economics Review, December 2014

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