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Noby Thomas Cyriac - Big Data and the Abuse of Dominance by Multi-Sided Platforms

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Noby Thomas Cyriac

Big Data and the Abuse of Dominance by Multi-Sided Platforms

Series: Schriftenreihe des EUROPA-KOLLEGS HAMBURG zur Integrationsforschung

Volume 85 2022

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CHAPTER V. ABUSE OF DOMINANCE S. 186-278

„… .CHAPTER V. ABUSE OF DOMINANCE188The Guidance Paper has also suggested an effects-based approach to …” „… strategies have been divided into two different sections, the first deals with abuse of dominance through …” „… Pricing Policy’, 1979, 89 Yale Law Journal 213, 219–20.CHAPTER V. ABUSE OF DOMINANCE192competition …”

CHAPTER III. LEGAL BASIS FOR THE CONTROL OF ABUSE OF DOMINANT UNDERTAKINGS S. 89-136

„… for the establishment of dominance (Chapter IV) and finally, on the notion of abuse (Chapter V).Market …” „… potential effects of alleged abuse of dominance. Conventionally, a prima facie indicator of market power is …” „… and Philipp Otto Neideck, ‘European Union – Data-related Abuse of Dominance’ (7 Dec. 2018 …”

Titelei/Inhaltsverzeichnis S. 1-16

„… Big Data and the Abuse of Dominance by Multi-Sided Platforms Noby Thomas CyriacAn Analysis of Art …” „… CyriacBig Data and the Abuse of Dominance by Multi-Sided Platforms An Analysis of Art. 102 TFEUNomosThe …” „… (ePDF)Library of Congress Cataloging-in-Publication DataCyriac, Noby Thomas Big Data and the Abuse of Dominance …”

CHAPTER IV. ESTABLISHING DOMINANCE S. 137-185

„… past few years on abuse of dominance by multi-sided platforms were conducted with respect to specific …” „… Facebook642 abuse of dominance case measured the relative market share of Facebook in comparison to its …” „… .649 Due to ambiguity over the existence of data markets, the abuse of dominance investigations do not …”

BIBLIOGRAPHY S. 289-322

„… 2020.48. OECD, Abuse of dominance in digital markets (2020).49. OECD, Algorithms and Collusion …” „… Mandrescu D, ‘Assessing Abuse of Dominance in the Platform Economy: A Case Study of App Stores’, European …” „… ? Personalised pricing in online markets as exploitative abuse of dominance’, Eur J Law Econ, 2019.34. Bottis M …”

CONCLUSION S. 279-288

„… abuse of dominance investigation under Art. 102 TFEU has been carried out. Each step involved in the Art …” „… dominance is the examination of the alleged abusive conduct. A review of the non-exhaustive list of abuses …” „… integrated platforms.– Overall, the analysis of the abuse of dominance by multi-sided platforms in their …”

INTRODUCTION S. 17-25

„… effectively address issues of abuse of dominance in digital markets, which are run by multi-sided platforms …” „… and the application of the principles underlying Art. 102 TFEU, which prohibits abuse of dominance by …” „… competition law to address the issues concerning the abuse of dominance in digital markets by multi-sided …”

CHAPTER II. TRANSACTIONAL RELEVANCE OF BIG DATA S. 40-88

„… /how-companies-can-get-the-most-out-of-a-freemium-business-model> accessed 13 March 2021.271 Ibid.272 Miguel P.L. Rato and Nicolas Petit, ‘Abuse of Dominance in …” „… TRANSACTIONAL RELEVANCE OF BIG DATAUnderstanding the transactional relevance and mechanisms …” „… available for the collection and application of data helps to comprehend the data related intricacies of …”

doi.org/10.5771/9783748934714

Anca Daniela Chirita - The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

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Anca Daniela Chirita

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 82 2011

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Stricter National Abuse of Market Dominance Rules S. 22-24

„… 22 3. Stricter National Abuse of Market Dominance Rules According to Regulation 1/2003, Member …” „… allows Member States to continue applying national abuse of dominance rules and to achieve a stricter …” „… competent to apply their national laws on the abuse of dominance in parallel with Article 82 EC. The …”

Establishing Market Dominance S. 74-79

„… 74 III. Distinctive Features of Romanian, EU, and German Abuse of Market Dominance The conditions …” „… that are essential for establishing any abuse of market dominance deserve an a priori examination, as …” „… ; and the concept of abuse require extensive examination. 1. Establishing Market Dominance Under Article …”

Titelei/Inhaltsverzeichnis S. 2-10

„… WeitzelAnca Daniela Chiri??The German and Romanian Abuse of Market Dominance in the Light of Article …” „… of Market Dominance Laws 15I. Introduction to the Comparative Review of the Abuse of Market …” „… Abuse of a Dominant Position 193. Stricter National Abuse of Market Dominance Rules 224. The …”

The Dominant Position and the Concept of Abuse S. 82-104

„… general approach to market dominance by covering the abuse of dominance. The latter, however, is generally …” „… both abuse of dominance and mergers.270Under EU competition law, a «special responsibility» of dominant …” „… harmonise the German abuse of dominance with that of ex Article 86 EC (now Article 102 TFEU). 270 Ibid …”

Brief Overview of Short-Term or Other Policy Goals S. 68-74

„… . Therefore, a more economics-based approach to the abuse of dominance policy needs guidelines as a general …” „… Article 82: «To say that the law on abuse of dominance should develop a stronger foundation is not to say …” „… to include methods of unfair competition under the prohibition of the abuse of dominance. Therefore …”

Consistency v Legal Certainty in light of the Form and Effects-based Approach S. 168-173

„… over-deterrence and criminal abuse-of-dominance policy and, to an even greater extent, the controlling market …” „… Approach The EU case law on the abuse of dominance rejects any consumer-welfare standard.642 It is …” „… clear her intention to ensure that the Commission’s policy on the abuse of dominance is that such abuse …”

Final Remarks and Policy Recommendations for Romania S. 376-379

„… Abuse of Dominance This final part aims to offer an overall critical evaluation of the competition law …” „… reiterates the delineation of policy objectives that should be applied to the abuse of dominance policy and …” „… EU competition law. Before its accession to the Union, Romania’s law on the abuse of dominance tried …”

Anti-competitive Foreclosure and Consumer Harm S. 173-176

„… bringing the enforcement of the abuse of dominance into line with the area of merger control and …” „… restrictive agreements and from being able to apply consistent standards. For the abuse of dominance, the …” „… unfair, the Guidance Paper will enforce a deterrent mechanism of abuse of dominance policy when applied …”

Joint Dominance and Oligopolies S. 127-133

„… . Overview of the Key Common Features of the Abuse of Market Dominance Article 6 RCL is, in principle …” „… contains presumptions of market dominance, whilst both Articles 6 and 102 generally prohibit any such abuse …” „… «competitive advantage».4886. Joint Dominance and Oligopolies Under RCL, the concept of joint dominance refers …”

The Assessment of Market Dominance S. 112-127

„… based on market shares fewer cases of abuse of dominance have been found by the CC. In the case of …” „… significant role in the FCO’s decisional practice regarding abuse of dominance as compared to mergers.423 …” „… application of stricter abuse of dominance rules than is otherwise allowed under Articles 102 or 6. Therefore …”

Brief Historical Overview of National Competition Laws S. 15-19

„… 15 A. A Comparative Review of National Abuse of Market Dominance LawsThe comparative approach …” „… I. Introduction to the Comparative Review of the Abuse of Market Dominance In the past decade …” „… competition laws on the abuse of dominance. One crucial question is whether having Article 102 as a means of …”

Introduction to the Challenges and the Gaps of the Guidance Paper S. 158-162

„… Guidance Paper Indeed, the extent to which EU competition law on the abuse of dominance has been …” „… «modernised» is challenging. The Commission’s efforts to reform the abuse of dominance rules with the aim of …” „… approach is, indeed, the way forward for the EU abuse-of-dominance policy. Beginning with the …”

National Competition Authorities S. 25-27

„… functions. Whilst enforcing Article 6 on the abuse of dominance, the CC is bound to apply Article 102 TFEU …” „… adopted its rules on the abuse of dominance modelled upon the rules of Article 102, there are few …” „… application of Article 102 and national laws on the abuse of dominance. The Bundeskartellamt or the FCO is set …”

The Teleological Interpretation of Article 12 to Article 102 S. 217-220

„… to cause a shift in the area of abuse of dominance with emphasis upon consumer effects or upon the …” „… narrow understanding of the interests of consumers as those of final consumers for the abuse of dominance …” „… balancing of policy objectives that could spill into the area of abuse of dominance,881 as the Commission …”

Dependence upon a Certain Undertaking S. 314-319

„… establish the abuse of dominance required by Article 6 RCL and on behalf of the CC because it can only …” „… feature of the German concept of abuse of dominance as a form of absolute market dominance or …” „… competition overlaps with anti-competitive practices under the abuse of dominance policy and economic …”

Overview of Major Policy Objectives S. 27-46

„… legal and economic concepts surrounding the abuse of dominance from a dynamic perspective. The chapter’s …” „… purpose is to outline the European reform of the abuse of dominance in the light of various competition …” „… the balancing of the Treaty’s other objectives for the enforcement of the abuse of dominance policy …”

The Legal Background of the Abuse of a Dominant Position S. 19-22

„… Article 82 EC16 was a means of replacing the legal vacuum in the abuse of dominance policy area by …” „… amendment is critical to the extent that it reduces the national abuse of dominance rules, which have …” „… laws on the abuse of dominance in parallel with Article 82 EC. The parallel application of the 27 Supra …”

Concluding Remarks on the Eighth German Amendment and the Case Law S. 325-327

„… the cost analysis of the abuse of dominance has been necessary for a uniform and more economics-based …” „… competition, rather than for prohibiting abuse of dominance itself and ensuring free competition. In order to …” „… to € 899 million. 327 VIII. Overview of Selected Features of German and EU Abuse of Dominance The …”

The Analysis and Interpretation of the Recent Romanian Amendment S. 150-156

„… for a finding of abuse of dominance. As has already been explained, the indispensability of proving a …” „… is highly likely, but not sufficient to denote abuse, as the general prohibition of dominance is not …” „… within the context of monopolies and abuse of dominance creates a twofold precedent. The special …”

Bibliography S. 383-395

„… edn, 2006. Behrens, Peter: Comment on: Abuse of market power: Controlling Dominance or Protecting …” „… Hartmann-Rüppel, Marco: Germany: Abuse of Dominance, (2010) European Antitrust Review. Dilek, Vania: Der …” „… the European Union, Longman, Harlow, 2002. Dreher, Meinrad and Adam, Michael: Abuse of Dominance under …”

Exclusionary Abuses S. 133-142

„… 133 IV. Overview of the Key Common Features of the Abuse of Market Dominance Article 6 RCL is, in …” „… abuse of market dominance, which is, however, a non-exhaustive list of anti-competitive practices. The …” „… .; Petit/Neyrinck, Behavioural Economics and Abuse of Dominance, GCLC Working Papers 02/2010. 521 CC, decision no …”

Margin Squeeze in the Telecommunications Sector S. 260-268

„… insufficient, as there was no evidence of abusive pricing. The presence of hindrance abuse in a third market …” „… Telekom (DT) for abuse of its dominant position in the 1042 Hossenfelder, supra n 959, para 229. 1043 …” „… degrees» of market dominance the AG simply recognised that «the degree of market power of the dominant …”

The Methodological Approach to Efficiencies and Case Law S. 180-190

„… , abuse of dominance precludes any possible exceptions and secondary legislation, such as a Commission …” „… restricted the area of application of the abuse of dominance. Similarly, it is hard to prove dynamic …” „… interests it protects under the abuse of dominance balancing policy. Therefore, it could adequately …”

Super-dominance v Paramount Market Position S. 327-329

„… 327 VIII. Overview of Selected Features of German and EU Abuse of Dominance The present chapter …” „… emphasizes some distinctive features of the German Law against Unfair Competition.13181. Super-dominance v …” „… This finding of super-dominance simply by «acquiring a significant market share» would not result in …”

Reconcilable Tensions of the New Shift S. 165-168

„… even more obvious in the area of abuse of dominance, with balancing being based on the assumption that …” „… between what should be allowed and what should not.639 For example, in the area of abuse of dominance, the …” „… harmful conduct» and direct harm leads to over-deterrence and criminal abuse-of-dominance policy and, to …”

The Relevant Markets S. 104-112

„… geographical markets under both Romanian and the German abuse of market dominance cases and offers recent …” „… market compared to an ex postanalysis conducted in abuse of dominance cases.360 This distinction was …” „… abuse of dominance cases, apart from demand substitution, there is no uniform practice in defining two …”

Final Remarks for Germany S. 379-381

„… been only marginal. (10) With relatively very few decisions on the abuse of dominance, but a larger …” „… improved. However, the CC’s assessment of the abuse of dominance has not, yet, become sufficiently …” „… undertaking may not stand beyond any criticism. The approach to the abuse of market dominance in the food and …”

Preface S. 11-12

„… competition laws on the abuse of dominance and public enforcement by the national competition authorities in …” „… aims to ensure a higher understanding of the legal and economic concepts of the abuse of dominance and …” „… unfair competition rules offers invaluable support in redefining the concept of abuse of dominance, in …”

The Challenges of EU Competition Law: The European Commission’s Reform Efforts S. 24-25

„… been to undertake an assessment of the abuse of dominance in the light of Article 101 and merger …” „… Competition Office with merely parallel functions. Whilst enforcing Article 6 on the abuse of dominance, the …” „… Union are met. As Romania has already adopted its rules on the abuse of dominance modelled upon the …”

Abuse of Economic Dependency: A Gap under Article 102 S. 322-325

„… the cost analysis of the abuse of dominance has been necessary for a uniform and more economics-based …” „… undertaking through long-term supply contracts. 6. Abuse of Economic Dependency: A Gap under Article 102 …” „… Section 20 ARC, which applies to nondominant undertakings, particularly its abuse of economic dependency …”

The European Commission’s Standard: Total v Consumer Welfare S. 65-68

„… objective of the abuse of dominance policy, as ex Article 82 EC is intended to protect competition as a …” „… approach to the abuse of dominance policy needs guidelines as a general framework of rules and economic …” „… explanations must be given regarding the extent to which the abuse of dominance policy reflects both …”

Final Concluding Remarks S. 342-346

„… hindrance abuse that is also present under EU case law. Thus, Article 102 lacks any explicit mention of …” „… enforced as efficient mechanisms for preventing abuse. Under the umbrella of its own concept of …” „… assessing dominance, but went beyond foreclosure itself when it required proof of consumer harm. Again, the …”

An Empirical Classification of Abusive Practices and Future Challenges S. 230-235

„… difficulties they have experienced as well as recent EU cases on the abuse of dominance. The methodology …” „… provide a broad understanding of the national public enforcement on the Union’s abuse of market dominance …” „… on the abuse of dominance, where the prevention feature of oligopolies and the pragmatic intervention …”

The Scope of Application of the Market Dominance Laws S. 79-82

„… competition law extends the area of application of the abuse of market dominance beyond the common established …” „… 79 2. The Scope of Application of the Market Dominance Laws As subjects of dominance, before its …” „… of Genoa, which acted on behalf of the port 246 See Article 2 RCL. For the concept of abuse, see …”

Brief Overview of Responses and Concluding Remarks S. 196-201

„… final consumers in implementing such a specific policy as the abuse-of-dominance. 1. Introduction As has …” „… already been noted, the Reform Treaty’s major policy objectives for the abuse of dominance policy refer to …” „… is satisfied in favour of a finding of abuse, for example, if the recipient has made …”

Concluding Remarks on the Final Balancing of Policy Objectives, their Enforcement and Future Challenges S. 46-49

„… paramount competition provision for the abuse of dominance. The Preamble’s fair competition or the further …” „… of practices are likely to interfere with the abuse of dominance. A complex area of such intellectual …” „… section aims only to explain some ordo- and neoliberal concepts relevant for the abuse of dominance. Thus …”

Discounts and Rebates S. 270-279

„… loyalty rebates, see Dreher/Adam, Abuse of Dominance under Reform, 28(2007)4 Eur.Comp.L.Rev., 278-80; for …” „… sufficient elements to prove an abuse of dominance. Therefore, the analysis of buyer power and imbalance in …” „… », according to which the existence of fidelity rebates was sufficient to establish abuse, based on a …”

The Historical Background of the EU Unfair Competition Rules S. 349-356

„… advancement of an EU unfair competition, his final proposal on the prohibition of dominance by unilateral …” „… abuse led to his original drafting of Article 102 (a) containing no reference to «unfair» at all; to an …” „… , the major problem when enforcing the standards of these directives as a corpus of rules of EU unfair …”

A Shift to More Effects-based Competition, Consumer Harm, and Public Policy? S. 213-217

„… consumers», which cannot be applied to the abuse of dominance policy as a whole.851 The concept of harm to …” „… Article 102 is insufficient to cause a shift in the area of abuse of dominance with emphasis upon consumer …” „… ; Mestmäcker/Schweitzer, supra n 809. This stance is, however, disputed; see cf P. Behrens, Comment on: Abuse of Market …”

Distinctive Features in the Light of the Eighth German Amendment S. 146-150

„… substantial key elements with regard to the subjects of dominance, the types of anti-competitive practices to …” „… a presumption of abuse in the energy sector where the prices charged by a 565 See B.Ch.VIII. 566 …” „… authorities had carried a full burden of proof for an undertaking’s potential abuse of a dominant market …”

Refusal to Grant Access to Essential Facilities S. 302-307

„… denote abuse if a dominant market position existed in the market for the allocation of the relevant …” „… not apply unless the requirement of dominance in the downstream market has been established according …” „… intervention in the market structure in the interests of competitors,1255 with a special focus on dominance by …”

Economically Viable or Surviving in the Market S. 338-342

„… ».1378More interesting is that the court made the establishment of hindrance abuse conditional upon …” „… therefore applied the German concept of prevention-competition or hindrance abuse in light of the economic …” „… safeguarding of the remaining competition, interference would be justified under Article 102’s abuse of …”

Introduction S. 201-202

„… final consumers in implementing such a specific policy as the abuse-of-dominance. 1. Introduction As has …” „… already been noted, the Reform Treaty’s major policy objectives for the abuse of dominance policy refer to …” „… Continental Can, the interpretation of abuse by reference to a single Community objective has determined the …”

Concluding Remarks S. 220-222

„… requirements, must not trespass on the area of abuse of dominance. Furthermore, having Article 12 amended as an …” „… requirements for the abuse of dominance policy. Article 169(2)’s high level of consumer protection can be …” „… abuse from repeating, bearing the burden of proof, it could request the court to order the following …”

Brief Overview of Sharp Practices of the German Act against Unfair Competition S. 156-158

„… Guidance Paper Indeed, the extent to which EU competition law on the abuse of dominance has been …” „… «modernised» is challenging. The Commission’s efforts to reform the abuse of dominance rules with the aim of …” „… Section 21 ARC, the alienation of customers or employees, the abuse of market power on the demand side …”

The Balancing Test: The Public Interest and Effective Competition S. 333-336

„… undistorted competition under Article 102. Before Lisbon enforcing competition rules on the abuse of dominance …” „… mentions that withholding interoperability information «may» constitute an abuse of a dominant position …” „… competing ferry operations.1360 It is, however, not in the possession, but in the abuse of such a right …”

Brief Overview of Remedies, Penalties, and Judicial Review S. 222-229

„… , the abuse of dominance could also amount to a criminal offence and trigger the imprisonment of the …” „… decisions on the abuse of dominance have immediate effect. Behavioural remedies are generally more …” „… situation and prevent the abuse from repeating, bearing the burden of proof, it could request the court to …”

Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? S. 307-314

„… facilities.12614. Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? Despite …” „… case on the abuse of intellectual property rights, recently, the CC ruled on Novartis’s possible …” „… deemed the sole ownership of the patent rights as insufficient to denote abuse in the case of legal …”

The Union’s Present Unfair Competition Case Law S. 361-370

„… the objective concept of abuse of dominance. Thus, the General Court relied on the subjective concept …” „… standards beyond the objective concept of dominance shifts the analysis beyond the purpose of fair …” „… an abuse of a dominant position insofar as the information to be disclosed is not the object of such …”

The Present Relevance of the Historical Interpretation of Article 102 S. 356-359

„… been considered to be a policy objective of the EU abuse of dominance rules,1437 but this understanding …” „… 356 (a) the expression «directly or indirectly» unfair pricing and the requirement of Article 102 …” „… undertakings are closer to a mixed approach to both exclusionary and exploitative abuses. In fact, the former …”

Exploitative Abuse S. 142-143

„… Abuse Exploitative abuses are dealt with in Section 19(4) 2nd sentence which refers to the conduct of …” „… of «as-if» competition556inferred abuse from a comparison of the alleged «unreasonable» or «excessive …” „… Abuse As a form of structural abuse, German competition law has a distinctive feature of abuse of …”

Export Sales below Cost and Dumping Pricing S. 268-270

„… .1098 This peculiar type of abuse arises when a firm is using its profits from domestic sales to …” „… difference was able to cover the product-specific costs of the IP-Backbone performance. The difference was …” „… calculated on the basis of predictions of realistic future demand quantity. This was based on modelling …”

Discrimination as a Structural Abuse S. 143-145

„… feature of abuse of dominance as it covers two major types of discrimination as a distinct …” „… . Discrimination as a Structural Abuse As a form of structural abuse, German competition law has a distinctive …” „… , apart from having discrimination as a distinct type of abuse, the ARC distinguishes between hindrance …”

Business or Demand-induced Dependence S. 321-322

„… contracts. 6. Abuse of Economic Dependency: A Gap under Article 102 Recently, Kokkoris recognised a gap in …” „… nondominant undertakings, particularly its abuse of economic dependency and the «superior bargaining» position …” „… of the law, i.e. the jurisprudential definition of abuse as an «objective» concept, and in terms of …”

Caveats S. 13

„… theoretical and practical aspects of the abuse of dominance. Even its recourse to both the decisional practice …” „… abuse of a dominant market position, their policy objectives and core principles, the analysis of …” „… 13 Therefore, three sections cover an in-depth analysis and criticism of competition laws on the …”

The As-Efficient Competitor Test S. 190-192

„… .745In conclusion, only for the sake of consistency, efficiency pleas should be allowed under the abuse …” „… of dominance policy. A clear contradiction exists with the potential for failure to deal with other …” „… types of abuse that could never fulfil the objective justification requirements, and which the Guidance …”

The Abuse of Economic Dependence S. 145-146

„… differential treatment, which applies merely to customer or supplierrelated cases.5624. The Abuse of Economic …” „… economic dependence emphasizes substantial key elements with regard to the subjects of dominance, the types …” „… competence in the area of price control and it established a presumption of abuse in the energy sector where …”

The Elements of Unfair Competition under Article 102 S. 359-361

„… standards beyond the objective concept of dominance shifts the analysis beyond the purpose of fair …” „… 359 price that does not cover the costs is objectively capable of squeezing one or more competitors …” „… out of the market and is actually used to do so. In casu, the subjective intent required actual exit …”

Refusal to Deal S. 298-300

„… discriminatory effects. In order to determine abuse the key elements are the existence of two separate markets …” „… implied.1218The key elements include dominance or at least superior market power; the likelihood of …” „… and the elimination of effective competition. The last condition is necessary, but not sufficient, as …”

Introduction S. 346-349

„… competition rules overlap the area of the abuse of dominance is to be found in the Treaty of Rome:1388 former …” „… competitors.1387 They argue that exploitative abuses of Article 82 EC, for example unfair purchase or selling …” „… and the Prohibition of the Abuse of a Dominant Position, 33(2010)1 World Comp., 121-39. 1392 …”

The German Economic Thinking in the Light of an Economic Constitution S. 49-55

„… likely to interfere with the abuse of dominance. A complex area of such intellectual or industrial …” „… to explain some ordo- and neoliberal concepts relevant for the abuse of dominance. Thus, the …” „… 49 existence of patents. Therefore, should the Commission’s investigatory powers focus upon an …”

The Market-Structure-Conduct Paradigm, Effective Competition, and the Objective Justification S. 61-65

„… objective of the abuse of dominance policy, as ex Article 82 EC is intended to protect competition as a …” „… relevant for the balancing of unfair hindrance abuse under Section 20(4).197Thus, an objective …” „… 61 preferably combined with innovation, rather than upon the freedom of action. The two levels of …”

The Standard of Proof and the Evidentiary Requirements S. 176-180

„… justify the concept of super-dominance similarly. Under German competition law, the concept of …” „… flexible for the public enforcement. However, establishing the existence of an abuse by showing the …” „… pricing.697 Therefore, a dominant undertaking is likely to escape a finding of abuse when the Commission …”

Excessive or Unfair Pricing and Unfair Trading Conditions S. 236-242

„… , which could substantiate abuse based on the specific provision of Article 6 (a). After five years of …” „… CVR, two of the four market players, were found guilty of abuse of a dominant position in the …” „… regard to the market sharing agreement and the identification of local markets and not to the abuse of a …”

Excessive Prices in the Energy and the Gas Sector S. 242-245

„… requirement of «considerable» price variations to differentiate between the levels of market dominance would …” „… 242 royalties for the use of certain patents for DRAM chips. It intentionally engaged in deceptive …” „… conduct thereby disregarding the principle of «good faith» in the context of the standard-setting process …”

Predatory Pricing S. 245-252

„… element of intent would be a subjective one, see Vickers, Some Economics of Abuse of Dominance, Oxford …” „… Stadtwerke Völkingen,974 the FCO also examined the abuse of a dominant position on the basis of Sections 19(1 …” „… insufficient to denote abuse in the absence of direct evidence,987 but the recoupment of losses was not …”

The Evolution and Role of Consumers’ Interests S. 211-213

„… the prejudice of consumers», which cannot be applied to the abuse of dominance policy as a whole.851 …” „… 211 As has already been noted, the public policy or the interest of the public in general may be …” „… sensitively excluded from competition law as one of the «overriding» concerns.841 It is, however, appropriate …”

(Price) Discrimination S. 284-286

„… defendant did not enjoy dominance. Whilst the contested action was adopted with the aim of gaining profit …” „… 284 III. Discrimination and Hindrance Abuses 1. (Price) Discrimination Articles 6 (c) and 102 …” „… prohibit any price discrimination by dominant undertakings under the following conditions: the existence of …”

Long-term Exclusive Agreements S. 279-284

„… overall demand; level of dominance; network effects, where similar obligations result in a substantial …” „… France, the preliminary finding was an abuse of a dominant position in the market for the supply of …” „… Under Section 19(1), such an obligation constituted an abuse of a dominant position. 1154 HRC …”

Contractual v Technological Tying S. 290-294

„… and the tied goods; the dominance of an undertaking in the tying product market; whether the …” „… .& Ec. 707; Kühn/Stillman/Caffarra, Economic Theories of Bundling and their Policy Implications in Abuse …” „… which fewer spectators were normally expected constituted an abuse of FC Cologne’s dominant position …”

Conclusions and Reasons to Enact an Unfair Competition Control Regulation Union-wide S. 372-375

„… » approach to the abuse of dominance in «certain» cases that are «most 374 harmful» to consumers, which were …” „… recognition of abuse as a concept having «recourse to methods different from those which condition normal …” „… Regulation in the absence of the Lisbon Treaty’s shift of perspective. Because it is Article 3(3) TFEU’s …”

Likelihood of Effects and Competition on the Merits S. 329-330

„… of dominance it was, however, irrelevant whether the refusal to provide interoperability information …” „… 329 objective justification.1324 Thus, Article 102 does not mention the concept of impairment of …” „… the effective market structure nor does it mention hindrance abuse, as under Section 20 ARC. However …”

Selling below Costs S. 252-257

„… without a previous assessment of dominance by the competition authority. Therefore, escaping unfairness …” „… hindrance abuse. Within the meaning of Section 20(2) 1st sentence, Wal*Mart enjoyed a superior market …” „… 252 FCO’s intervention was justified by the aim of keeping market entry open. But the court did not …”

Undistorted Competition: High Level Protection v Consumer Welfare S. 203-205

„… is to define consumer protection requirements narrowly for the abuse of dominance policy. Having a …” „… 203 likelihood that the conduct in question hindered the maintenance or development of the …” „… competition still existing in the market.799Advocate General Colomer’s call for a «rule of reason» under …”

Technical Bundling and the Unfair Interoperability Advantage S. 336-338

„… to the undertaking’s commercial interests.1364In conclusion, such an abuse of dominance policy …” „… , irrespective of the causes of that position, not to allow its conduct to impair undistorted competition» in the …” „… not to hinder effective and undistorted competition».1362 In contrast, Microsoft claimed that part of …”

The Comparative Understanding of Undistorted Competition within the Union’s Internal Market S. 205-208

„… «common» market with real or potential competition that remains in spite of existing dominance.821 The …” „… focus since then has been largely upon exclusionary abuse, assuming the individual right of each …” „… efficiencies may be achieved by consideration of consumer choice, innovation, research and development, as …”

doi.org/10.5771/9783845230306

Florian Schuhmacher - Effizienz und Wettbewerb

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Florian Schuhmacher

Effizienz und Wettbewerb

Series: Wirtschaftsrecht und Wirtschaftspolitik

Volume 251 2011

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Literaturverzeichnis S. 433-458

„… Could Be Applied, CMLR 1984, 11.Fox, Eleanor M., Abuse of Dominance and Monopolisation: How to Protect …” „… Competition`s Review of the Policy on Abuse of Dominance, InternationalAntitrust Law & Policy (Fordham Corporate …” „… , Duncan, Abuse of Dominance at a Crossroads – Potential Effect, Object and Appreciability Under Article 82 …”

Die allgemeine Geltung des Auswirkungsprinzip S. 279-412

„… Mackenrodt/Conde/Gallego/Enchelmaier, Abuse of Dominant Position 21; W.-H.Roth in Schmidtchen/Albert/Voigt, More Economic Approach 37 …” „… , Abuse of Dominant Position21 ff.; Drexl/Conde Gallego/Enchelmaier/Leistner/Mackenrodt, International …” „… Competition Discussion paper on the application of Article 82 of the Treatyto exclusionary abuses …”

doi.org/10.5771/9783845229393

Juliane Lagemann - Die Anwendbarkeit der kartellrechtlichen Missbrauchsvorschriften auf Fälle mit Drittmarktbezug

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Juliane Lagemann

Die Anwendbarkeit der kartellrechtlichen Missbrauchsvorschriften auf Fälle mit Drittmarktbezug

Series: Wirtschaftsrecht und Wirtschaftspolitik

Volume 257 2013

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Literaturverzeichnis S. 369-396

„… : Wettbewerbsgesetz)Kellezi, Pranvera, Abuse below the threshold of dominance? Market power, market dominance and abuse of …” „… : N&R 2010, S. 175 ff.Sinclair, Duncan, Abuse of dominance at a crossroads – potential effect, object …” „… Zwangslizenzen, in: ZHR166 (2002), S. 685 ff.Chirita, Anca Daniela, The analysis of market dominance and …”

doi.org/10.5771/9783845240541

Prinz Nikolaus von und zu Liechtenstein, Mario Monti, Bo Vesterdorf, Jay Westbrook, Luzius Wildhaber - Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

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Prinz Nikolaus von und zu Liechtenstein (ed.), Mario Monti (ed.), Bo Vesterdorf (ed.), Jay Westbrook (ed.), Luzius Wildhaber (ed.)

Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

2007

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Barry E. Hawk Conduct Element in Abuse of Dominant Position S. 393-404

„… monitor/supervise firms. Second, assumptions about the continuation or erosion of dominance/market power can …” „… 393 BARRY E. HAWK Conduct Element in Abuse of Dominant Position Barry E. Hawk Conduct Element in …” „… Abuse of Dominant Position I. Introduction 393 II. Policy Objectives of Laws on Abuse of Dominant …”

Eleanor M. Fox Antitrust in Times of Globalization S. 319-330

„… and abuse of dominance principles. Eventually world norms could include the full panoply of …” „… . Opposed to the WTO as an antitrust forum, and concerned that abuse of dominance would become the …” „… centerpiece substantive issue (because, they believed, many nations wanted to use the abuse-of-dominance tool …”

Jacques H. J. Bourgeois Ne bis in idem and Enforcement of EEA Competition Rules S. 313-318

„… affected;25 others are to be dealt with by the European Commission. Abuses of dominant position are dealt …” „… position is found to exist; when dominance exists within the territory of both the ESA and the European …” „… agreement and of an abuse of dominant position in the entire EEA or in any «substantial part» thereof. 24 …”

Philip Lowe Director Competition Policy as an Instrument of Global Governance S. 489-502

„… market definition and assessment of dominance. The competence of the Commission in competition matters is …” „… caused by cartels, abuses of dominant positions, anti-competitive mergers and unfair subsidies to …” „… act against any cartel, abuse of a dominant position or a merger that distorts or might distort …”

doi.org/10.5771/9783845204918

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