Abusive Practices in Competition Law
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Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant? Including analysis of the EU as well as individual nations such as the USA, Germany, France, Italy, China, Japan, Australia and developing countries, this book presents the state of the art in abusive practices in competition law research. Drawing on a variety of experiences from different jurisdictions, the authors answer the most fundamental questions concerning abusive practices, with a special focus placed on superior bargaining power, economic dependence and unconscionable conduct as thresholds for competition law interventions. Key areas such as market definition in platform markets, use of presumption in antitrust law, commitment procedures and aggregate concentration concerns are all discussed within this context. Essential reading for competition lawyers and economists, Abusive Practices in Competition Law gives comprehensive advice and insight for those dealing with antitrust concepts and practical cases of abusive conduct. Contributors include: A. Al-Ameen, M. Bakhoum, P. Behrens, D. Bosco, T. Cheng, F. Di Porto, V. Falce, X. Fang, A. Fels, K. Fuchikawa, M. Gal, M. Ioannidou, M. Lees, L. Marx, R. Podszun, A. Robles Martín-Laborda, L. Silva Morais, T. Takigawa, S. Thomas, L. Tomé Feteira, P. Van Cleynenbreugel, F. Wagner-von Papp [9781788117333 - Abusive Practices in Competition Law] Copyright [9781788117333 - Abusive Practices in Competition Law] Contents [9781788117333 - Abusive Practices in Competition Law] Contributors [9781788117333 - Abusive Practices in Competition Law] Foreword_ important divergences [9781788117333 - Abusive Practices in Competition Law] Introduction [9781788117333 - Abusive Practices in Competition Law] The ordoliberal concept of ‘abuse’ of a dominant position and its impact on Article 102 TFEU [9781788117333 - Abusive Practices in Competition Law] The European Commission’s enforcement of abuse cases_ a statistical analysis [9781788117333 - Abusive Practices in Competition Law] Presumptions and short-cut rules in abuse regulation_ (where) do EU and US antitrust approaches meet_ [9781788117333 - Abusive Practices in Competition Law] The pitfalls of market definition_ towards an open and evolutionary concept [9781788117333 - Abusive Practices in Competition Law] Exploitative prices in European competition law [9781788117333 - Abusive Practices in Competition Law] All’s well that ends well_ Abuse regulation in the wake of the financial crisis_ the interplay between regulation and the application of competition law to the [9781788117333 - Abusive Practices in Competition Law] The application of Article 102 TFEU in the EU energy sector_ a critical evaluation of commitments [9781788117333 - Abusive Practices in Competition Law] Abuse without dominance in competition law_ abuse of economic dependence and its interface with abuse of dominance [9781788117333 - Abusive Practices in Competition Law] Superior bargaining power_ dealing with aggregate concentration concerns [9781788117333 - Abusive Practices in Competition Law] Unilateral conduct by non-dominant firms_ a comparative reappraisal [9781788117333 - Abusive Practices in Competition Law] Restraining bargaining power through competition law_ superior bargaining position regulation in Japan as compared with the EU [9781788117333 - Abusive Practices in Competition Law] Ex ante and ex post control of buyer power [9781788117333 - Abusive Practices in Competition Law] The application of the Chinese Antimonopoly Law to state-owned enterprises [9781788117333 - Abusive Practices in Competition Law] Unconscionable conduct in the context of competition law with special reference to retailer_supplier relationships within Australia [9781788117333 - Abusive Practices in Competition Law] The Italian regulation against the abuse of economic dependence at the crossroads [9781788117333 - Abusive Practices in Competition Law] Unconscionable conduct in France [9781788117333 - Abusive Practices in Competition Law] Comparative analysis of the Japanese Subcontract Act and the regulations on unfair trade practices in the EU_ focus on the grocery industry [9781788117333 - Abusive Practices in Competition Law] An alternative perspective for assessing abuse of dominance in emerging markets [9781788117333 - Abusive Practices in Competition Law] Abuses of dominant and non-dominant position_ a tale of (ir)reconcilable views_ [9781788117333 - Abusive Practices in Competition Law] Index
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