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Full-Text Articles in European Law

The Analysis Of Market Dominance And Restrictive Practices Under German Antitrust Law In Light Of Ec Antitrust Law, Anca Daniela Chirita Dec 2008

The Analysis Of Market Dominance And Restrictive Practices Under German Antitrust Law In Light Of Ec Antitrust Law, Anca Daniela Chirita

Anca Daniela Chirita

This article analyses key features of the German Act Against Restraints of Competition (section 19), including the more severe provisions of section 20, and aims to discuss the economic freedom of competition approach to the abuse of a dominant market position. Furthermore, the article details with specific examples of abuse in cases heard by the Federal Cartel Office, with particular focus upon predatory pricing, cross-subsidisation, rebates, exclusive contracts, tying and bundling, refusal abuses, hindrance and abuse of economic dependence. Emphasis is placed upon differences in the implementation of antitrust law and upon answering the question of whether more severe rules …


The Future Of Article 82: Dissecting The Conflict, David J. Gerber Jan 2008

The Future Of Article 82: Dissecting The Conflict, David J. Gerber

All Faculty Scholarship

Underlying the recurring debates over the future of Article 82 EC are competing images of what its goals are and should be. Such debates about the interpretation and application of Article 82 are not new, and they are also not likely to end, because the legal concept of “abuse” is sufficiently abstract and capacious to allow multiple conceptions of its goals. Where goals become contested and controversial, however, debates can lead to confusion and uncertainty rather than progress in thinking about the issues, and this threatens to occur in the context of discussions of Article 82 and its future. Clashing …


Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber Jan 2008

Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber

All Faculty Scholarship

In European competition law, the term "modernization" has been a catchword and focus of attention since the late 1990s. Usually, the reference is to "procedural" or "institutional" modernization. The European Commission used the term "modernization" in referring to the important set of changes in the institutional structure and procedures of competition law that it introduced in 2004, and it has fundamentally changed important procedures for developing and applying competition law in Europe. During the same period in which this form of modernization was proceeding, another form of "modernization" was also taking shape that represents a fundamental reorientation of much of …


The Abuse Of Dominant Market Position Under Romanian Antitrust Law In Light Of European Antitrust Law, Anca Daniela Chirita Jan 2008

The Abuse Of Dominant Market Position Under Romanian Antitrust Law In Light Of European Antitrust Law, Anca Daniela Chirita

Anca Daniela Chirita

This article discusses the decisions by the Romanian Competition Council on abuse of a dominance position and offers an analysis and criticism of the Romanian competition rules.


El Sistema De Solución De Controversias Entre Estados, Pierino Stucchi, Luis García-Corrochano Dec 2007

El Sistema De Solución De Controversias Entre Estados, Pierino Stucchi, Luis García-Corrochano

Pierino Stucchi

No abstract provided.