Tying And Bundling As A Leveraging Concern Under EC Competition Law

by
Format: Hardcover
Pub. Date: 2008-02-28
Publisher(s): Kluwer Law Intl
List Price: $195.00

Rent Textbook

Select for Price
There was a problem. Please try again later.

Rent Digital

Rent Digital Options
Online:90 Days access
Downloadable:90 Days
$144.50
Online:180 Days access
Downloadable:180 Days
$173.41
Online:1825 Days access
Downloadable:Lifetime Access
$234.00
*To support the delivery of the digital material to you, a digital delivery fee of $3.99 will be charged on each digital item.
$173.41*

New Textbook

We're Sorry
Sold Out

Used Textbook

We're Sorry
Sold Out

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

Despite great strides in enforcement of the cartel prohibition of article 81 EC and major merger control reform, EC competition law still lacks clear standards for anti-competitive abuses under article 82 EC. In a masterful engagement with this issue, The thoughtful and original analysis in this book focuses on tying and bundling. Although these ubiquitous business practices are primarily addressed under article 82 EC as constituting abusive behavior, a wealth of economics literature emphasizes their strategic and efficiency motivations. However, there is a balance to be found, As this book ably demonstrates. In the course of the analysis, The author zeroes in on such central questions as the following: bull; What tests are available to determine whether two products are distinct or not? bull; Under which circumstances is anti-competitive leveraging feasible? bull; Which efficiency motivations should be accepted? bull; How does one valuate the possible efficiencies in the short run And The risk of leveraging effects in the long run? bull; What factors should be considered when answering the separate product issue? bull; What are the implications For The burden of proof under article 82 EC? bull; Does the application of a more effects-based approach under article 82 also affect the dominance analysis? In his examination of the various responses to these probing questions, the author is able to formulate a very useful diagnosis of what factors determine whether a tied or bundled entity is likely to engender anti-competitive effects. The presentation is supported throughout by detailed reference to relevant legal-economic doctrine, laws, and judicial interpretation by European and U.S. courts, The European Commission, and antitrust agencies. In its development of effects-based tests for assessing tying and bundling practices, this important book will be of special value to policymakers and regulatory officials involved in enforcement of EC or Member State competition law. it will also be welcomed by academics in both law and economics as a truly cogent and workable approach To The solution of one of the most vital and intriguing debates in the antitrust field.

Table of Contents

The Challenges of Modernization
The Objectives and Scope of This Book
Outline of the Book
General Aspects of Tying and Bundlingp. 1
The Economics of Tying and Bundlingp. 3
Introductionp. 3
Categorization of Tying and Bundlingp. 4
Efficiency Motivationsp. 7
Anti-Competitive Motivationsp. 17
Special Topics in Relation to Tying and Bundlingp. 26
What are the Legal Implications of the Economics Literature?p. 30
Conclusionsp. 38
The Leveraging Theory in General under US and EC Lawp. 41
Introductionp. 41
The Connection Between Dominance and Abusep. 42
Comparing the US and EC Modelsp. 44
The Legal Position of the Multi-Market Requirementp. 50
Discussion of the Multi-Market Scenarios under EC Lawp. 53
Conclusionsp. 62
Ex Post Regulationp. 63
Tying and Bundling under US Lawp. 65
Introductionp. 65
A Trilogy of Antitrust Scrutinyp. 65
A Chequered History of Analysisp. 67
The Separate-Product Issuep. 82
Discussion of the Legal Standard for Tying and Bundlingp. 99
Efficiencies Due to Tying and Bundlingp. 107
Conclusionsp. 113
Tying and Bundling under EC Lawp. 115
A Dual System of Ex Post Rulesp. 115
General Observations Regarding Tying and Bundlingp. 117
A Critical-Historical Overviewp. 120
The Separate-Product Issuep. 142
A Legal-Economic Analysis of the Community Trilogyp. 160
Choosing a Legal Standard for Tying and Bundlingp. 169
Conclusionsp. 178
Ex Ante Regulationp. 181
Tying and Bundling under US and EC Merger Controlp. 183
Introductionp. 183
An Outline of the US And EC Merger Rulesp. 183
Tying and Bundling Concerns under US Lawp. 186
The EC Approach towards Tying and Bundling Concernsp. 192
Evaluation of the Theory of Leveraging Harmp. 216
Conclusionsp. 226
Conclusionsp. 229
Introductory Remarksp. 229
Convergences and Divergences Between US and EC Lawp. 230
Economics as a Useful Tool for the Analysis of Tying and Bundlingp. 231
A Structured Effects-Based Rule of Reason Testp. 232
Preference for Ex Post Controlp. 234
A Critical Examination of the Tying and Bundling Trilogyp. 235
The Commission's Discussion Paper on Article 82p. 236
Table of Contents provided by Blackwell. All Rights Reserved.

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.