Until the entry into force of the provisions adopted in pursuance of article 103, the authorities in member states shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the internal market in accordance with the law of their country and with the provisions of article 101, in particular paragraph 3, and of article 102. He is also coauthor of the law and economics of article 102 tfeu, 2nd edition, hart publishing. The law and economics of article 102 tfeu kindle edition. The ruling of the general court in intel oxford academic journals. A jorge padilla the law and economics of article 102 tfeu is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of article 102 tfeu to the behaviour of dominant. In spite of the high profile of the debates, eu courts case law on article 102 tfeu is still poorly understood. Chapter 6 article 103 tfeu regulation regarding the application of arts 101 and 102. Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible. The law and economics of article 102 tfeu is a comprehensive, integrated treatment of the legal and economic principles that underpin the application. A legal perspective on article 102 tfeu case law 3 guidance5 that was eventually adopted represent a clear commitment to bringing administrative action in line with mainstream economics. In competition law matters, there is as well case law from the court of justice that is binding for the member states. Article 102 tfeu article 102 tfeu ex article 82 ec, ex article 86 ec any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it. Law and economics of article 102 tfeu ebok odonoghue.
The next two units cover the basic building blocks of economic analysis in competition law. In particular, a number of authors have focused their attention to the application of the concept of multisided markets, initially developed by tirole, to online platforms. Competition law focuses primarily on restrictions to competition. See all articles by robert odonoghue robert odonoghue. Such disputes have been particularly fueled by the. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount. Article 102 tfeu article 102 tfeu ex article 82 ec, ex article 86 ec any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between member states. All data below are available with an open data commons open database license. Article 101 of the treaty on the functioning of the. Author odonoghue, robert, 1974subjects law antitrust treaty establishing the european economic community 1957. The role of article 102 in european pharmaceutical sector.
Chapter 7 article 104 tfeu competence of authorities in member states. What follows then is an integrated treatment of each of the core substantive areas of eu competition law, including article 101 tfeu, article 102 tfeu, mergers. As this defence is couched in terms that are readily identifiable with the economic theories, it demonstrates that the economic terms have a huge role in competition law within the eu. The case law adopted pursuant to article 102 of the treaty on the functioning of the european union tfeu indeed exhibits a noticeable degree of sympathy for the insights of behavioral economics. Click download or read online button to get the law and economics of article 102 tfeu book now. That does not mean, however, that within the sphere of competition law, the notion of fairness becomes irrelevant. The concern regarding excessive prices under article 102a is, however, narrower in scope. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in. Edition 2 ebook written by robert odonoghue, jorge padilla. The law and economics of buyer power in eu competition policy.
According to article 102 c, abusive discrimination is defined as. Law and economics of article 102 tfeu ghent university. Abusive discrimination is a category of unlawful practice as specified in subparagraph c, article 102 of the treaty on the functioning of the european union tfeu. Economics and finance, law and economics, industrial organization. Commissions quest for a more welfare economic rather than legal approach to competition law in general and. The law and economics of article 102 tfeu ebook by robert. The law and economics of article 102 tfeu is a comprehensive, integrated treatment of the legal and economic principles that underpin the application download free ebook pdf.
Under article 101, a by object restriction may be lawful if other economic and legal considerations indicate that it is not liable to impair competition. Special overview is given to articles 101 and 102 of the treaty on the functioning of the european union, concerning prohibited agreements, mergers between companies and. A proposed alternative reading of the article 102 tfeu caselaw. Article 101 of the treaty on the functioning of the european union prohibits cartels and other agreements that could disrupt free competition in the european economic areas internal market. Describing and explaining the interrelations of law and economics, this useful there is a newer edition of this item. The expansion appears to show no signs of abating under article 102 treaty on the functioning of the european union tfeu. Competition law provisions can be found in article 101, 102, 107 tfeu and the merger regulation, all of those prohibit anticompetitive agreements and abuse of dominance. Behavioral economics and abuse of dominance a fresh look. Pablo ibanez colomo beyond the more economicsbased. Eu competition law abuse of dominance article 102 tfeu. The articles of interest in this essay are articles 101 and 102 tfeu, which regulates the relations between private parties.
Eu competition law applies to an everwider range of economic activities and sectors and continually throws up fresh questions and challenges. Corona and eu economic law antitrust articles 101 and 102 tfeu as the corona pandemic instils more and more fear in the population, some of its economic effects are immediately noticeable. The law and economics of article 102 tfeu, 3rd edition, forthcoming. Secondly, pharmaceutical sector is mainly based on iprs, therefore it aggravates to draw the boundaries between competition law and ip law. What follows then is an integrated treatment of each of the core substantive areas of eu competition law, including article 101 tfeu, article 102 tfeu, mergers, cartels and other horizontal. Article 102 enforcement complicated in the sector eu. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. The law and economics of article 102 tfeu download ebook. This site is like a library, use search box in the widget to get ebook that you want. Chapter 8 article 105 tfeu application of arts 101 and 102. Kop law and economics of article 102 tfeu av odonoghue robert odonoghue, padilla jorge padilla pa. Driven by economics 23 marketshare thresholds, article 3 ms article 102 tfeu widespreadfeeling thatmarketconcentration has increasedin the eu external, but also internalgrowth. The law and economics of article 102 tfeu is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of article 102 tfeu to.
Summary the law and economics of article 102 tfeu is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of article 102 tfeu to the behaviour of dominant firms. This has driven prices up to a level where one may wonder whether they are abusive in the sense of article 102 tfeu. Eu competition law and economics request pdf researchgate. Secondly, a number of articles have discussed whether and to what extent. A legal perspective on article 102 tfeu case law 2 1.
The law and economics of article 102 tfeu book, 20. Jorge padilla is a senior managing director with compass lexecon based in madrid. The following shall be seen as incompatible with the internal market. Therefore, it seeks to provide a framework which accommodates all the objectives of eucl and encompasses both consequentialist and deontological reasoning when it is objectively justified. The law and economics of article 102 tfeu robert o. The law and economics of article 102 tfeu is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of. This thesis provides an overview of case law and economic theory on rebate schemes so as to demonstrate that the economic. Download for offline reading, highlight, bookmark or take notes while you read the law and economics of article 102 tfeu. Article 102 of the treaty on the functioning of the. Jointly authored by a lawyer and an economist, the law and economics of article 102 tfeu contains an integrated approach to the legal and economic principles that frame policy in this major area of competition law. Law and economics of article 102 tfeu odonoghue robert o. The assessment of rebate schemes under article 102 tfeu.
National courts shall decide in accordance with the precedents decided by the court of justice. In order to achieve the objectives of the antitrust rules, eu needs an effective enforcement system for enforcing eu competition law. Units four to five look at economic issues that arise under article 102, whilst units six and seven deal with article 101. Law and economics of article 102 tfeu by jorge padilla. Basic concepts and case studies nicolas petit university of liege. Padilla, the law and economics of article 102 tfeu, 2 nd ed. Continental drift in the treatment of dominant firms. Download the law and economics of article 102 tfeu pdf free. The legislations and economics of article 102 tfeu is a entire, builtin therapy of the felony and financial rules that underpin the appliance of article 102 tfeu to the behaviour of dominant corporations. Faculty of law the assessment of rebate schemes under article 102 tfeu masters thesis. Odonoghue, robert, 1974 law and economics of article 82 ec. Related work odonoghue, robert, 1974 law and economics of article 82 ec.
Excessive pricing by robert odonoghue, jorge padilla ssrn. Law and economics of article 102 tfeu in searchworks catalog. Principles of law and economics 2nd edition ebook, principles of law and economics daniel h cole, peter z grossman on amazon. Lastly, since the established enforcement of article 102 is few and new, there is uncertainty on the forms of abuse of dominance in the sector. Introduction it is difficult to define whether, and in what instances, practices implemented by dominant firms are unlawful. In particular, it is a challenge for courts and authorities to draw the line between prohibited exclusionary behaviour and valid competition on the merits. The law and economics of article 102 tfeu is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of article 102 tfeu to the behaviour of dominant firms. In terms of article 102 of the tfeu, its whole basis is in economic terms as it is designed to stop dominance and abuse. Article 102 of the treaty on the functioning of the european union tfeu prohibits the abuse of a dominant position within the internal market or in a substantial part of it, as incompatible with the internal market, insofar as it may affect trade between member states. Article 102 of the treaty on the functioning of the european union formerly article 82 of the treaty establishing the european community is aimed at preventing undertakings who hold a dominant position in a market from abusing that position. Eu competition law in innovation and digital markets. Application of article 102 tfeu by the european commission.