1st Edition

Dominance and Monopolization Volume II

Edited By Rosa Greaves Copyright 2012

    Antitrust and competition law is a fast moving area of law and the subject of extensive academic research. The aim of this volume is to select articles as tools for understanding how antitrust and competition law is applied to unilateral conduct which is harmful to the consumer and to the competitiveness of the market. The articles examine the meaning of dominance and monopolisation and show that although legal and economic rules have been developed to establish whether undertakings hold such strong market positions, it is often difficult to determine with certainty that the undertaking being investigated meets the threshold. The various debates on pricing and non-pricing conduct are also represented as are the conflicts that have arisen regarding the exercise of intellectual property rights by powerful undertakings, particularly in the context of the new economies. The volume includes scholarly articles published on both sides of the Atlantic and enables a greater understanding of the application of antitrust and competition law from the point of view of economics and politics.

    Contents: Introduction; Part I The Meaning of Dominance and Monopolization: Monopolization and abuse of dominance in Canada, the United States, and the European Union: a survey, Brian A. Facey and Danny H. Assaf; The abuse of Hoffman-La Roche: the meaning of dominance under EC competition law, Frances Dethmers and Ninette Dodoo; Market Power: Market definition: an analytical overview, Jonathan B. Baker; Markets without substitutes: substitution versus constraints as the key to market definition, Cento Veljanovski; Assigning market shares, Gregory J. Werden; Application of the concept of barriers to entry under Article 82 of the EC Treaty: is there a case for review?, Oluseye Arowolo; Joint Dominance/Oligopoly: Oligopoly and the antitrust laws: a suggested approach, Richard A. Posner; Considering the oligopoly problem, Craig Callery; Interpreting the boundaries of collective dominance in Article 102 TFEU, Félix E. Mezzanotte. Part II Abuse and Violation: Pricing Practices: Predatory pricing and related practices under Section 2 of the Sherman Act, Phillip Areeda and Donald F. Turner; Exclusionary pricing and price discrimination abuses under Article 82 - an economic analysis, Derek Ridyard; Excessive prices within EU competition law, Liyang Hou; Refusal to Supply: The essential facilities doctrine under US antitrust law, Robert Pitofsky, Donna Patterson and Jonathan Hooks; Harmonizing essential facilities, Spencer Weber Waller and William Tasch; The rise and fall of the essential facility doctrine, Ulf Müller and Anselm Rodenhausen; Margin Squeeze: Margin squeeze abuse, Liam Colley and Sebastian Burnside. Part III Dominance/Monopolization and Intellectual Property Rights: Unilateral refusals to deal in intellectual and other property, Howard A. Shelanski; Challenges of the new economy: issues at the intersection of antitrust and intellectual property, Robert Pitofsky; Antitrust in the new economy, Robert A. Posner; Limiting the scope of Article 82 EC: what can the EU learn from the US Supreme Court's judgment in Trinko in the wake of Microsoft, IMS and Deutsche Telekom?, Damien Geradin; Name index.


    Rosa Greaves