Abusive Practices in Competition Law

Edited by Fabiana Di Porto, University of Rome Unitelma Sapienza, Italy and Rupprecht Podszun, Professor for Competition Law, Chair for Competition Law, Heinrich-Heine-Universität Düsseldorf, Germany

'An overview of the panoply of approaches that legal systems worldwide use to tackle businesses' abuses of power in the markets. The book contains a throng of academic contributions on this broad theme examining the various tools used in different jurisdictions addressing the variety of single-firm abuses in the markets. The authors not only examine uses of competition law (through the enforcement of abuse of dominance/monopolization and merger review) with that aim, but also the adoption of specific rules targeting unfair market practices such as abuses of economic dependence and abuses of superior bargaining power. Finally, some contributions point out how in some countries even the traditional apparatus provided by equity and contract law (unconscionability) has shown to be effective.'--Francisco Marcos, IE Law School, Spain

• Contents:List of contributorsForeword: Important DivergencesPaul Nihoul and Iwakazu TakahashiIntroduction Rupprecht Podszun and Fabiana Di PortoPART I: FUNDAMENTAL QUESTIONS OF DOMINANCE AND ABUSE1. The ordoliberal concept of “abuse” of a dominant position and its impact on Article 102 TFEUPeter Behrens2. The European Commission’s enforcement of abuse cases. A statistical analysisLorenz Marx3. Presumptions and short-cut rules in abuse regulation: (Where) do EU and U.S. antitrust approaches meet?Pieter Van Cleynenbreugel4. The pitfalls of market definition: Towards an open and evolutionary conceptRupprecht Podszun5. Exploitative prices in European competition lawAntonio Robles Martín-Laborda6. All’s well that ends well? Abuse regulation in the wake of the financial crisis. The interplay between regulation and the application of competition law to the financial sectorLuís Silva Morais and Lúcio Tomé Feteira7. The application of Article 102 TFEU in the EU energy sector: A critical evaluation of commitmentsMaria IoannidouPart II: Superior Bargaining Power, ECONOMIC DEPENDENCE AND ABUSE8. Abuse without dominance in competition law: Abuse of economic dependence and its interface with abuse of dominanceMor Bakhoum9. Superior Bargaining power: Dealing with aggregate concentration concernsThomas K. Cheng and Michal S. Gal10. Unilateral conduct by non-dominant firms: A comparative reappraisalFlorian Wagner-von Papp11. Restraining bargaining power through competition law: Superior bargaining position regulation in Japan as compared with the EUToshiaki Takigawa12. Ex-ante and ex-post control of buyer powerStefan ThomasPart III: National Experiences with the Regulation of Abusive Conduct13. The application of the Chinese Antimonopoly Law to state-owned enterprisesFang Xiaomin14. Unconscionable conduct in the context of competition law with special reference to retailer / supplier relationships within AustraliaAllan Fels and Matthew Lees15. The Italian regulation against the abuse of economic dependence at the crossroadsValeria Falce16. Unconscionable conduct in FranceDavid Bosco17. Comparative analysis of the Japanese Subcontract Act and the regulations on unfair trade practices in the EU: Focus on the grocery industryKazuhiko Fuchikawa18. An alternative perspective for assessing abuse of dominance in emerging marketsAbayomi Al-Ameen19. Abuses of dominant and non-dominant position. A tale of (ir)reconcilable views?Fabiana Di PortoIndex