Rethinking Exclusionary Abuses in EU Competition Law

(Hardback)

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This book offers an original interpretation of the case law on exclusionary abuses under Article 82 EC (now Article 102 TFEU, according to the numbering introduced by the Treaty of Lisbon), and it identifies the various factors that have shaped the application of this provision through its history. The book provides an in-depth analysis of the European Commission's Guidance on enforcement priorities under Article 82 and it makes a provocative proposal for further modernisation of the analysis of exclusionary abuses by recasting the prohibition of abuse of dominance as a norm which deals only with unilateral conduct. The first part of the book reconsiders fundamental legal and economic concepts underpinning the assessment of exclusionary abuses and identifies the difficulties posed by the principal forms of abusive practices (refusals to deal, predatory pricing, rebates and tying). The EU case law is compared with the US experience under Section 2 of the Sherman Act. The second part of the book explores solutions, based on the premise that the reform of Article 82 (now Article 102 TFEU) should be in line with the modernisation of Article 81 (now Article 101 TFEU) and the EU merger control rules. The last chapter demonstrates the gradual convergence of the application of Articles 81 and 82 in the area of vertical restraints. It points towards a redefined division of labour between these two provisions with a view to ensuring efficient enforcement, better protection of consumer interests, and clearer incentives for dominant firms to invest in desirable commercial practices. The book will be of interest to students and practitioners of EU competition law, and to those in other jurisdictions where the application of competition law to practices of dominant firms is controversial.

Reviews

Rousseva is an able guide through the heaps of information that have been amassed on the subject in the last few decades. A particular treat is the ease with which Rousseva hops from practice to theory and back while discussing a topic. She does so almost without the reader noticing it. In a field like exclusionary abuses, this is an important asset. Rousseva's examination of EU case law is first rate. Her analysis is in-depth and comprehensive. Rousseva's coverage of the topic in terms of scope and depth is first rate. The book is a must for anyone interested in exclusionary abuses in EU competition law. Tjarda van der Vijver European Competition Law Review Volume 32, Issue 6 Ms Rousseva's take on Art 102 TFEU is largely an original one. When writing on a topic and in an atmosphere where the path of least resistance is an ever present temptation, this is a remarkable achievement. A book to own. Eric Gippini Fournier Competition Law Journal 2010 The reader finds a very useful, comprehensive and essentially up-to-date overview and analysis of exclusionary abuses under Article 102 TFEU. Overall, Rousseva shows exceptional insight into the functioning and application of Article 102 which she undoubtedly acquired through her work at DG Competition. Altogether, this book constitutes a timely and stimulating contribution to the ongoing debate on modernization of Article 102 TFEU. Thomas M.J. Mollers and Sabrina Hailer Common Market Law Review Volume 48, Issue 1 Ms Rousseva's take on Art 102 TFEU is largely an original one. When writing on a topic and in an atmosphere where the path of least resistance is an ever present temptation, this is a remarkable achievement. A book to own. Eric Gippini Fournier Competition Law Journal 2010

Author Bio

Dr Ekaterina Rousseva was awarded her PhD in law by the European University Institute in Florence. She has practised competition law as an attorney, and is currently a case-handler at the European Commission's Directorate-General for Competition in Brussels.