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The Foundations of European Union Competition Law - The Objective and Principles of Article 102 by Nazzini, Renato (1st December 2011)
- Preliminary Material
- Main Text
- 1 Introduction
- Part I Normative Foundations
- 2 Normative Theory of Competition Law
- A Introduction
- B Non-welfare objectives
- C Social welfare
- (1) The search for the economic purpose of the law
- (2) Social welfare, consumer welfare, and economic efficiency
- (3) Theoretical and normative superiority of the long-term social welfare objective
- (4) Consumer welfare
- (5) A different perspective: consumer harm as a test to achieve a social welfare objective
- D Conclusion
- 3 The Design of the Optimal Abuse Tests
- A Introduction
- B The search for a single test
- C Intent
- D The no economic sense test
- E The as efficient competitor test
- (1) Consistency of the as efficient competitor test with fundamental principles
- (2) Under-inclusiveness of the as efficient competitor test
- (3) Over-inclusiveness of the as efficient competitor test
- (4) The problem of multi-product firms
- (5) Extension of the as efficient competitor test to abusive discrimination
- F The consumer harm test
- G Conclusion
- 2 Normative Theory of Competition Law
- Part II Legal Foundations
- 4 The Objective of Article 102
- A Introduction
- B Interpretation of Article 102
- C The problem of the objective of the EU competition rules in the case law and secondary legislation
- D Conclusion
- 5 The General Framework of the Abuse Tests in EU Law
- A Introduction
- B The proportionality test in context
- C Proportionality under Article 102
- D The limited usefulness of the definition of abuse in Hoffmann-La Roche
- E Continental Can and the concept of effective competition
- F The special responsibility of the dominant undertaking
- G Causal link between dominance, conduct, and effect
- H Conclusion
- 4 The Objective of Article 102
- Part III Tests of Abuse
- 6 The Tests of Intent
- 7 The As Efficient Competitor Test
- 8 The Consumer Harm Test
- 9 Defences
- Part IV Analytic of the Concept of Dominance
- 10 Single Dominance
- 11 Collective Dominance
- A Introduction
- B The emergence of the concept of collective dominance
- C Non-oligopolistic collective dominance
- D Oligopolistic collective dominance
- E Abuse of collective dominance
- F Conclusion
- Part V The Analytical Framework of Article 102
- 12 General Conclusion
- A Introduction
- B Towards a coherent analytical framework for the application of Article 102
- C Objectives, principles, and tests clarified
- (1) Objectives and general principles
- 1 Long-term social welfare objective.
- 2 Market integration.
- 3 Fairness and equality of opportunities.
- 4 No protection of less efficient undertakings under Article 102.
- 5 Economic freedom.
- 6 Effective competition.
- 7 Proportionality framework.
- 8 Causal link between dominance and abuse and multi-market abuses.
- (2) Assessment of conduct
- 9 Prima facie abuse tests.
- 10 Naked abuse test.
- 11 Naked abuse test and market integration.
- 12 Predation.
- 13 Conditional rebates.
- 14 Exclusivity.
- 15 Unconditional rebates.
- 16 Tying.
- 17 Mixed bundling.
- 18 Market-distorting discrimination.
- 19 Vertical foreclosure.
- 20 Exploitative abuses.
- 21 Default test.
- 22 Burden of proof.
- 23 Anti-competitive effects tests.
- 24 Taxonomy of defences.
- 25 Mere defences of proportionality.
- 26 The proportionality defence of meeting competition.
- 27 Objective justification test.
- 28 Taxonomy of objective justification.
- 29 Efficiency defences.
- 30 Social welfare defences.
- (3) Assessment of dominance
- (1) Objectives and general principles
- D Addressing the main shortcomings of the current case law and enforcement practice
- 12 General Conclusion
- Further Material
