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. 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 detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. 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. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition law enforcement against monopoly behaviour.
Reviews of the First Edition:
This is a truly outstanding book…With regard to many issues, the authors..achieve an analytical depth which is not even matched by many journal contributions dealing exclusively with those particular subjects…a truly seminal book on Article 82 EC that should and will have a major impact on the further development of this area of EC competition law. The book not only deserves to but certainly also will be widely read by academic and practising lawyers and economists concerned with abuse control.
Common Market Law Review
Vol 44. No 4
Being the first book dedicated to this subject, The Law and Economics of Article 82 EC sets the benchmark very high for any followers…a comprehensive study that adopts a fresh method to the consideration of Art.82 EC…One of the strongest features is perhaps the fact that the economics discussion contains hardly any equations and thus is absolutely accessible to non-economists…The Law and Economics of Article 82 EC can be thought of as saving the reader from having recourse to two separate books by combining the law and economics of Art.82 EC in a coherent framework without leaving anything essential out…a seminal guide for all those interested in Art.82 EC.
The Journal of Business Law
The text is lucid and there is a wealth of references to economic and legal materials and explanations in careful and substantial footnotes. I found answers to many questions I had not even thought of asking. The work is critical as well as practical…A second edition will be demanded soon after the Commission publishes its intentions next year. This scholarly, practical and very substantial work is warmly welcome.
World Competition Law and Economics Review
...this book is one of the best I have come across…the first to thoroughly integrate the economic and legal discussions into a single text…an essential book for any practice dealing in competition law. I would also suggest that it should find its way into university and vocational training law libraries where…a better overall understanding of Art.82 will accrue.
European Competition Law Review
This book is an admirable achievement, and the authors are to be congratulated on producing a work of high class and great interest. It is handsomely produced, easy to read, and comprehensive in its scope. Its publication now is timely, as we await the next stage of the Commission's review of Article 82…a first-rate piece of work that will be highly influential in the years ahead and that will be gratefully referred to by everyone interested in this fascinating but difficult topic. It is very highly recommended.
Competition Policy International Journal
Autumn 2006, Vol. 2, No. 2
La structure de l'ouvrage, qui analyse consécutivement les notions de définition de marché, de position dominante, les différents abus et leurs remèdes, est classique. Le contenu, en revanche, est engagé… O'Donoghue et Padilla font œuvre de décomposition minutieuse et sans réel précédent du droit des pratiques unilatérales.
Translation from the French :The structure of the book is classic. It analyses the concepts of definition of the market, of dominant position, of the various abuses and their remedies. The content, on the other hand, is highly original…O'Donoghue and Padilla engage in a searching analysis, one without any real precedent, of the law of unilateral practices.
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