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"Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse? Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission's chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law. The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings' ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82"--Provided by publisher.

Antitrust law --- Antitrust law - European Economic Community countries --- Concurrence --- Abus de position dominante --- Droit --- Pays de l'Union européenne

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Sports professionnels --- Droit comparé. --- Compétitions --- Concerts --- Contrats. --- Profit --- Propriété intellectuelle. --- Concurrence --- Abus de position dominante --- Droit. --- Restrictions

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Competition, Unfair --- Restraint of trade --- Antitrust law --- Economic aspects --- Concurrence --- Concurrence déloyale --- Commerce --- Abus de position dominante --- Droit européen --- Pays de l'Union européenne --- Réglementation

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"With incisive and thought-provoking contributions from both leading academics and practitioners, this book addresses in detail the major areas in relation to the Commission Guidance Paper on Applying Article 82 of the EC Treaty (now Article 102). The paper has been at the center of much of the recent debate on antitrust policy in Europe and has generated significant controversy and intense debate. The authors contend that the guidance from the Commission is on the one hand entirely justifiable in its focus on consumer harm in identifying what constitutes an abuse, but that on the other it is not consistent enough in its message, nor indeed does it offer enough structural guidance on the practical application of the approach. The book addresses all of these concerns, considers the reform of article 102, and identifies the challenges inherent in its enforcement, looking for instance at enforcement in certain sectors, such as the high tech sector. The book considers recent seminal antitrust cases such as the Microsoft case to illuminate and better understand abuse of dominance. It brings a line of clarity to often contradictory messages and in so doing provides invaluable practical guidance to enforcers and practitioners alike. The editors combine the insight of a leading international economist and an experienced antitrust scholar, and the contributions are linked by a common emphasis on a strong economic approach to antitrust enforcement"-- Provided by publisher.

Antitrust law --- Treaty Establishing the European Economic Community --- Restraint of trade --- Concurrence --- Abus de position dominante --- Droit --- Pays de l'Union européenne

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Propriété intellectuelle --- Droit de la concurrence --- entente économique --- Abus de position dominante --- Doctrine de la facilité essentielle --- politique de recherche --- Union européenne --- propriété intellectuelle --- union européenne --- droit de la concurrence --- abus de position dominante --- doctrine de la facilité essentielle