Description
Book SynopsisThis Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.
Bringing together contributions from authoritative legal and economic experts, it provides an in-depth analysis of foundational legal and economic principles which guide the Research Handbook’s exploration of the concept and prohibition of abuse of a dominant position. With comprehensive breadth, an interdisciplinary approach, and trans-Atlantic coverage, this Research Handbook covers various important topics including market definition and market power, different types of abuse, enforcement, cross-cutting issues such as mandated neutrality, big data and the interface of competition and regulation.
The blend of theoretical study and practical advice on the topic will make this a vital resource for scholars and advanced students wanting a rounded appreciation of this area of the law, whilst practitioners, competition officials, and policymakers will also find this a beneficial companion.
Trade Review‘This is an impressive and ambitious set of chapters from an array of leading competition law scholars, that provides a unique and panoramic view of the legal issues concerning monopolization and abuse of dominance. A real tour de force and an invaluable resource for academics and students alike.’ -- Albertina Albors-Llorens, University of Cambridge, UK
Table of ContentsContents: Preface xi Acknowledgements xii Introduction 1 Pınar Akman, Or Brook and Konstantinos Stylianou PART I ESTABLISHING DOMINANCE 1 Market definition 8 Sean P. Sullivan 2 Understanding market power: an economics perspective 26 Nicolas Petit 3 Concentration and rising market power: fears and facts 42 Gregory J. Werden 4 Understanding market power: a legal perspective 60 Nicolas Petit PART II ABUSE OF DOMINANCE AND MONOPOLIZATION: CONDUCT AND THEORIES OF HARM 5 What is an abuse of a dominant position? Deconstructing the prohibition and categorizing practices 81 Pablo Ibáñez Colomo 6 Exploitative abuses: recent trends and comparative perspectives 101 Marco Botta 7 A re-evaluation of the abuse of excessive pricing 119 Kathryn McMahon 8 Predation and discrimination 140 John B. Kirkwood 9 The future of refusals to deal and margin squeezes in the face of sector-specific regulation 162 Inge Graef 10 Tying and bundling 181 A. Douglas Melamed 11 Rebates 200 Viktoria H.S.E. Robertson 12 The role of intent in abuse of dominance and monopolization 222 Mariateresa Maggiolino 13 The special responsibility of dominant undertakings 239 Giorgio Monti and Ekaterina Rousseva 14 Abuse without dominance and monopolization without monopoly 259 Or Brook and Magali Eben PART III ENFORCEMENT 15 Remedies, sanctions and commitments 283 Florian Wagner-von Papp 16 Burden of proof and judicial review 317 Andriani Kalintiri PART IV CROSS-CUTTING ISSUES 17 Intersection of competition and regulation in abuse of dominance and monopolization 338 Katalin J. Cseres 18 Mandated neutrality, platforms, and ecosystems 359 Barak Orbach 19 Killing nascent innovation as abuse of dominance and monopolization 374 Alan J. Devlin 20 Monopolization and intellectual property rights 397 Christopher R. Leslie 21 Public procurement and abuse of dominance 420 Grith Skovgaard Ølykke 22 Big data and data-related abuses of market power 438 Tilman Kuhn, Kristen O’Shaughnessy, Tobias Pesch, Jaclyn Phillips and D. Daniel Sokol Index 456
