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The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...
Persistent link: https://www.econbiz.de/10013134375
In this paper, we will analyse further the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access...
Persistent link: https://www.econbiz.de/10013134857
This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and...
Persistent link: https://www.econbiz.de/10013069619
This paper examines the controlling role of European competition law in the energy market restructuring in EU after the gradual liberalisation process of previous years and defines the application of European competition law to this framework of restructuring. The particular focus of this paper...
Persistent link: https://www.econbiz.de/10013069699
Unreasonably exclusionary conduct, the element common to monopolization and attempted monopolization offenses under Section 2 of the Sherman Act, remains essentially undefined. Federal courts, including the U.S. Supreme Court, have purported to define the term, but the definitions they have...
Persistent link: https://www.econbiz.de/10013075441
While the Commission has stood its ground against political pressure to relax enforcement for the purpose of grooming European champions, that does not mean only economic welfare arguments have been accepted under competition law. Rather, over the years a pattern has emerged whereby, in the...
Persistent link: https://www.econbiz.de/10012833514
Private antitrust litigation often involves a dominant firm being accused of exclusionary conduct by a smaller rival. In such cases, the defendant generally has a much larger financial stake in the outcome. We explore the implications of this asymmetry in a model of litigation with endogenous...
Persistent link: https://www.econbiz.de/10012838366
Has the antitrust arsenal run out of novel theories or weapons? Think again. Recent scholarship has come to challenge conventional wisdom with the latest target of antitrust imagination being institutional investors, including diversified index funds. New economic research suggests that common...
Persistent link: https://www.econbiz.de/10012952957
Persistent link: https://www.econbiz.de/10012907038