Abuse of Market Dominance (Paperback) (ISBN-13: 9783639141412)

This reprint of an LL.M thesis completed in year 2004 analyses the EC competition law rules on the duty to supply competitors, and in particular the impact of the modern essential facilities doctrine on traditional case law. In an attempt to establish a consistent analytical framework in respect to the question of when and under what conditions a competitor must be supplied, this study suggests that in the future, a clearer distinction should be drawn between cases concerning access to essential facilities and cases involving other factors such as an unwarranted monopoly extension, discrimination or the penalisation of vigorous competition. By examining the repercussions of IMS Health and Microsoft, the study suggests that the relevance of the interventionist essential facilities doctrine is limited to rare cases, including access to unused infrastructures, de facto standards, certain platform technologies or software interfaces.

Author: Thomas Höppner
ISBN-10: 3639141415
ISBN-13: 9783639141412
Publisher: VDM Verlag
Language: English
Published: 04/22/2009
Pages: 128
Format: Paperback
Weight: 0.44lbs
Size: 9.00h x 6.00w x 0.30d