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About this product
- DescriptionThe objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have t yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of ecomics in this area, raises an important question of legitimacy. Using law and ecomic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern ecomic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
- Author BiographyDr Pinar Akman is a Senior Lecturer in Law at the UEA Law School and a Faculty Member of the ESRC Centre for Competition Policy, University of East Anglia.
- Author(s)Pinar Akman
- PublisherBloomsbury Publishing PLC
- Date of Publication03/02/2012
- SubjectEU Law: Professional
- Place of PublicationOxford
- Country of PublicationUnited Kingdom
- First Published2011
- ImprintHart Publishing
- Content Noteblack & white illustrations
- Weight694 g
- Width156 mm
- Height234 mm
- Spine22 mm
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