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Dominance

Refusal to Deal

Matthew Bennett and Maurits Dolmans, chapter from the book EU Competition Law Series Volume V - Abuse of Dominance under Article 102 TFEU, Claeys & Casteels Publishing, September 2013 (Eds. Francisco Enrique Gonzalez-Diaz and Robbert Snelders), ISBN: 9789077644133.


Other contributors of Volume V include: Nicolas Gauss, Alison Oldale, Christopher Cook, Ruchit Patel, Francisco Enrique González-Díaz, John Temple Lang, Robbert Snelders, Andrew Leyden, Andrea Lofaro, Francisco Enrique González-Díaz, Jorge Padilla, Romano Subiotto QC, Justin Coombs, Thomas Graf, David R. Little, Anne Layne-Farrar, Alice Setari, Paul Stuart, Marcus Glader, Ioannis Kokkoris, and Frédéric de Bure.

See Maurits Dolmans's resume See Matthew Bennett's resume

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Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the internal market. The application of Article 102 by the EU Commission and the European Courts has often been controversial and raises at any rate complex questions as to how dominance should be defined and what conduct should be deemed abusive. This book carries out a comprehensive review of the legal principles that underpin the application of Article 102. Adopting an interdisciplinary approach, this books covers all the main issues relating to Article 102, including the individual forms of abuse and its essential constituent elements of Article 102 market definition, dominance and the concept of abuse. It provides a careful selection of case law and the legal and economic literature, combined with incisive analysis and commentary.

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