European competition law: The impact of the commission’s guidance on article 102

Abstract

This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission’s investigations, for example, the opened procedure against Google.

Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.

European Competition Law: The Impact of the Guidance on Article 102 will prove to be invaluable to academics and postgraduate students reading EU law, antitrust law and EU competition law. European law researchers and antitrust lawyers will also find much to appeal to them in this essential resource.

Contents

1. Introduction to the Research Project and its Results
Lorenzo Federico Pace

2. Guidance on the Commission’s Enforcement Priorities in Applying Article 82 to Abusive Exclusionary Conduct by Dominant Undertakings: From Protecting Freedom to Enter a Market to an Efficient Allocation of Resources to Increase Consumer Welfare
Valentine Korah

3. The Development of German and European Competition Law with Special Reference to the EU Commission’s Article 82 Guidance of 2008
Ernst-Joachim Mestmäcker

4. Evolving Priorities and Rising Standards: Spanish Law on Abuses of Market Power in the Light of the 2008 Guidance Paper on Article 82 EC
Luis Ortiz Blanco and Pablo Ibáñez Colomo

5. The Italian Way of Tackling the Abuse of a Dominant Position and the Inconsistencies of the Commission’s Guidance: Not a Notice/Bekanntmachung but a Communication/Mitteilung
Lorenzo Federico Pace

6. Anticipated Enforcement in France of the Commission’s Guidance on Article 82
Catherine Prieto

7. National Competition Law Goals and the Commission’s Guidance on Article 82 EC: The UK Experience
Richard Whish

Index