Год выпуска: 2011 Автор: Luis Ortiz Blanco Издательство: Страниц: 364 ISBN: 1841135283
Описание
The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101 (1) TFEU, ex Article 81(1) TEC), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) TEC), dominant positions (Article 10 2 TFEU, ex Article 82 TEC) and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission and the author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition,...
