Download Abuse of Dominant Position: New Interpretation, New by Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz PDF

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By Wolfgang Wurmnest (auth.), Mark-Oliver Mackenrodt, Beatriz Conde Gallego, Stefan Enchelmaier (eds.)

As a part of its overview of pageant legislation that all started within the overdue Nineteen Nineties, the ecu fee proposes to revise its interpretation and alertness of the Treaty’s prohibition of abuses of dominant positions. additionally, it has instigated a debate concerning the advertising of personal enforcement of EC festival legislations. at the former topic, the fee released a dialogue Paper in 2005; at the latter, a eco-friendly Paper in 2005, by means of a White Paper in 2008.

The chapters during this quantity severely appraise the Commission’s proposals, together with the latest ones. The authors additionally spotlight the repercussions of the proposed ‘more financial technique’ to abuses of dominant positions on inner most litigants’ possibilities to carry damages activities in nationwide courts for such abuses.

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53 1 Introduction As the old millennium was coming to an end, European Competition law began a massive reform project aimed at modernizing each and every of its constituent parts. As well known, this ambitious project started with the introduction of Regulation n. 2790/1999 on vertical restraints, and its accompanying Guidelines, it followed with the Guidelines on horizontal cooperation agreements, and made all its way up till the review of the Merger Regulation.

Consumers might be benefited by the introduction of new products, by the availability of new services, by the availability of both at a convenient price and in quantities satisfying the overall demand. Equally, consumers are benefited when they have access to employment, which in turn gives them money to get products and services. Con49 50 51 LANDES/POSNER, “Market Power in Antitrust Cases”, (1981) 94 Harv. L. Rev. 937. EAGPC-REPORT, note 2, 2. Note, indeed, that the “more economic approach” calls for increased attention on the actual effects produced by a certain conduct but such attention goes to the effects on consumers and not anymore on the competitive structure of the market, which is no longer focus of antitrust concern.

1 Market power in economic terms . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Substantial market power and the link with consumer welfare . . . . . . . . . . . . . . . . . . 1 Antitrust as a “consumer welfare prescription” . . . . . . . . . . . . . . . . . . . . . . 2 Consumer welfare in microeconomics . . . . . . . . . . . . . . . . . . . . . .

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