Or Brook – författare

This book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Based on an original quantitative and qualitative database of over 3,100 cases, this book records all of the public enforcement actions of Article 101 TFEU taken by the Commission, EU Courts, and the national competition authorities and courts of five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). The book not only exposes explicit tools in which non-competition interests played a role, but also sheds light on the "dark matter" of balancing, namely, invisible forms of balancing triggered by the institutional and procedural setup of the competition enforcers. Moreover, it contributes to the empirical-legal study of various other aspects of EU competition law enforcement, such as its objectives, the more economic approach, decentralized enforcement, and the functioning and success of Regulation 1/2003.

This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.Bringing together contributions from authoritative legal and economic experts, it provides an in-depth analysis of foundational legal and economic principles which guide the Research Handbook’s exploration of the concept and prohibition of abuse of a dominant position. With comprehensive breadth, an interdisciplinary approach, and trans-Atlantic coverage, this Research Handbook covers various important topics including market definition and market power, different types of abuse, enforcement, cross-cutting issues such as mandated neutrality, big data and the interface of competition and regulation.The blend of theoretical study and practical advice on the topic will make this a vital resource for scholars and advanced students wanting a rounded appreciation of this area of the law, whilst practitioners, competition officials, and policymakers will also find this a beneficial companion.