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The Law and Economics of Article 82 EC
By
Robert O Donoghue and A Jorge Padilla
Description
The Law and
Economics of Article 82 EC is a comprehensive, integrated treatment
of the legal and economic principles that underpin the application of
Article 82 EC 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 82, such as market
definition, dominance, effect on trade, and applicable remedies are
considered at length. Jointly authored by a lawyer and an economist,
The Law and Economics of Article 82 EC contains an integrated
approach to the legal and economic principles that frame policy in
this major area of competition law. Although written primarily with
practitioners and in-house lawyers in mind, it is essential reading
for anyone with an interest in competition-law enforcement against
monopoly behaviour.
Robert O\\\'Donoghue
is a Barrister at Brick Court Chambers, London and Brussels,
specialising in European law, particularly competition law.
A Jorge Padilla is
Managing Director of Law & Economics Consulting Group (LECG),
Madrid, and Co-Chair of LECG\\\'s Antitrust Competition group in Europe.
Contents
Introduction,
scope of application, and basic framework 1
2 Market
definition 63
3 Dominance 107
4 The general
concept of an abuse 174
5 Predatory
pricing 235
6 Margin
squeeze 303
7 Exclusive
dealing, loyalty discounts, and related practices 351
8 Refusal to
deal 407
9 Tying and
bundling 477
10 Exclusionary
non-price abuses 519
11 Abusive
discrimination 552
12 Excessive
prices 603
13 Other
exploitative abuses 639
14 Effect on
trade 659
15 Remedies 676
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