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Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?
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Table of Contents
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List of Contributors
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The Reform of Article 82 EC in the Light of the “ Economic Approach”
11
1 Introduction
11
2 The Discussion Paper in context
13
3 The objective of Article 82 EC
19
4 The “as efficient competitor”-test
27
5 Conclusion
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Is there a Role for Market Definition and Dominance in an effects- based Approach?
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1 Introduction
31
2 Criticism of the current assessment of unilateral exclusionary practices under Article 82 of the EC Treaty
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3 Towards the adoption of the new effects-based approach
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4 Getting rid of dominance? The long path from dominance to substantial market power
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5 Assessment of substantial market power in the new effects-based approach: How current assessment methodology may change
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6 Implications of the shift towards substantial market power
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7 Substantial market power, consumer welfare and significant competitive harm: Some flaws in the new effects- based approach
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8 Conclusions
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Abuse below the Threshold of Dominance? Market Power, Market Dominance, and Abuse of Economic Dependence
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1 Introduction
65
2 Market power
67
3 Economic dependence
71
4 Dominant position under Article 82 EC
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5 Abusive practices
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6 Concluding remarks
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Efficiency Defence in Article 82 EC
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1 Introduction
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2 Defining abusive conduct
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3 The proposed efficiency defence
104
4 Shift in competition policy
105
5 Limits to the competition policy reform
109
6 Application of Article 81 (3) EC
112
7 The Reaction of the Community Courts
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8 Passing-on requirement
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9 Elimination of competition and efficiency defence
119
10 Comparison with merger control
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11 Conclusion
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From Courage v Crehan to the White Paper – The Changing Landscape of European Private Enforcement and the Possible Implications for Article 82 EC Litigation
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1 Introduction
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2 The public value of private action
126
3 The (under) development of private enforcement in Europe
129
4 Obstacles, challenges and proposed reforms
134
5 The interplay between private enforcement and Article 82 EC
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6 Concluding remarks
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Private Enforcement – Is Article 82 EC special?
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1 Introduction
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2 Private enforcement
146
3 Article 82 EC and action for damages
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4 Should the leniency programme be extended to Article 82 EC?
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5 Costs as a disincentive to claim – or can they become an incentive?
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6 Modernisation of Article 82 EC and the consequences for private enforcement
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7 Conclusion
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8 Post-script
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Private Incentive, Optimal Deterrence and Damage Claims for Abuses of Dominant Positions The Interaction between the Economic Review of the Prohibition of Abuses of Dominant Positions and Private Enforcement
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1 Introduction
172
2 The concepts of individual harm and harm to competition
175
3 The concept of legal standing
176
4 Incentives and the optimal level of enforcement
177
5 Potential private enforcers of Article 82 EC
178
6 Conclusions
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The Role of Consumer Associations in the Enforcement of Article 82 EC
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1 Introduction
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2 Representative action shall not remove individual right of action
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3 Association’s standing
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4 Distribution of compensation
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5 Conclusion
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