European Competition Law: The Impact of the Commission’s Guidance on Article 102
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European Competition Law: The Impact of the Commission’s Guidance on Article 102 Edited by
Lorenzo Federico Pace Professor of EU Law, University of Molise and Member of the Bar of Rome, Italy
Edward Elgar Cheltenham, UK • Northampton, MA, USA
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Š The Editor and Contributors severally 2011 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Edward Elgar Publishing, Inc. William Pratt House 9 Dewey Court Northampton Massachusetts 01060 USA
A catalogue record for this book is available from the British Library Library of Congress Control Number: 2011922868
ISBN 978 1 84844 773 8 Typeset by Servis Filmsetting Ltd, Stockport, Cheshire Printed and bound by MPG Books Group, UK
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Contents List of contributors
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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
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Contributors Pablo Ibáñez Colomo is Lecturer in Competition Law at the London School of Economics, UK. Valentine Korah is Emeritus Professor of Competition Law at University College London, UK and Honorary Professor at the College of Europe in Bruges, Belgium. Ernst-Joachim Mestmäcker is Director Emeritus of the Max Planck Institute for Foreign and International Private Law in Hamburg and Professor of Law at Hamburg University, Germany. Luis Ortiz Blanco is Partner at Garrigues, Madrid, Lecturer in Law at the Madrid Universidad Complutense and a Visiting Professor at the College of Europe in Bruges, Belgium. Lorenzo Federico Pace is Professor of EU Law, University of Molise and Member of the Bar of Rome, Italy. His previous book with Edward Elgar, European Antitrust Law, was published in 2007. Catherine Prieto is Professor of Law at the University Paris I PanthéonSorbonne, France. Richard Whish is Professor of Law at King’s College London, UK.
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