Article 82 EC: Reflections on its Recent Evolution(Studies of the Oxford Institute of European and Comparative Law)

The landscape of European competition law has seen significant changes in the past decade, both in terms of enforcement and substantive application. One of the last frontiers to be subjected to scrutiny has been Article 82. In recent years the European Commission has pushed forward the debate on the nature and scope of Article 82. Of major significance to this debate were the Commission's Consultation Paper on an economic approach to Article 82, the Discussion Paper on the application of Article 82 to exclusionary abuses, and the Commission's recent Guidance on its enforcement priorities in applying Article 82. The debate over the realm of Article 82 EC has raised important questions as to its past and present application. This collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution. The chapters cover a range of subjects, including the legal and economic implications of an effects-based approach to Article 82 EC, the recent Commission Guidance on Article 82 EC, the interface between intellectual property rights and competition law, licensing, tying, excessive pricing, and the protection of the consumer interest.

Table of Contents:
1. Reform of Article 82 EC-Can the Law and the Economics be Reconciled? JAMES KAVANAGH, NEIL MARSHALL AND GUNNAR NIELS 2. Categorical Thinking in Competition Law and the 'Effects-based' Approach in Article 82 EC IOANNIS LIANOS 3. The Commission's Guidance on Article 82 EC and the Effects Based Approach-Legal and Practical Challenges ARIEL EZRACHI 4. The Evolution of the Notion of Consumer Interest in Light of the Modernisation of Article 82 EC ORIT DAYAGI-EPSTEIN 5. The Epithet That Dares Not Speak its Name: The Essential Facilities Concept in Article 82 EC and IPRs after the Microsoft Case STEVEN ANDERMAN 6. The Microsoft Case-at the Heart of the IP/Antitrust Intersection DAN EKLÖF 7. A Reformed Approach to Article 82 and the Special Responsibility not to Distort Competition KATHRYN MCMAHON 8. Rhetoric or Reform: Does the Law of Tying and Bundling Reflect the Economic Theory? PRANVERA KËLLEZI 9. The Darker Side of the Moon: Assessment of Excessive Pricing and Proposal for a Post-entry Price-cut Benchmark ARIEL EZRACHI AND DAVID GILO 10. The Sanction of Voidness Under Article 82 EC and its Relation to the Right to Damages ULF BERNITZ

About the Author :
Ariel Ezrachi is the Slaughter and May Lecturer in Competition Law at the University of Oxford and the Director of the Oxford Centre for Competition Law and Policy. He is a Fellow and Tutor in Law at Pembroke College, Oxford.

Review :
With such a wide range of subjects and thought-provoking contributions, the book is certainly recommendable to the specialist reader in anti-trust. This book will be a delight to all legal experts and policy makers who, from a professional perspective, have to take into account developments in this branch of competition law. In the book they will find a wealth of seriously developed ideas, based on different aspects of difficulties arising in this area. The contributions in this book are clearly written and often thought-provoking. The chapters can be read stand-alone. This is useful for the reader who uses the book as a reference work. This book is a valuable contribution to the understanding of the latest development in art.102 TFEU. Ezrachi and the other authors did a wonderful job in explaining difficult concepts in a relatively easy way. The quality of the chapters is superlative. Each is critical and perceptive. They make a considerable contribution to the debate on the enforcement of article 82. The papers have been well edited and it is handy to have 10 chapters on related matters in a single slim volume. Article 82 EC ... comprises interesting, exhaustive and stimulating contributions on a number of important and still not completely resolved questions...Overall, the clear and detailed examination of the relevant economic theories along with the appraisal of the applicable legal principles make this collection a useful source of information and of stimuli for future discussions among both academics and practitioners active in the field of competition law. This book analyses in a coherent and well developed way different aspects of the difficulties prevalent in the enforcement of Art 102 of the Treaty on the Functioning of the European Union. The book addresses controversial issues in a systematic and detailed manner and is an important contribution to the development of the enforcement of Art 102 TFEU. The editor Dr Ariel Ezrachi has done a highly commendable job in ensuring the coherence of the argumentation throughout the book.