EU COMPETITION LAW AND ECONOMICS.
This is the first EU
competition law treatise that fully integrates economic reasoning in its
treatment of the decisional practice of the European Commission and the case-law
of the European Court of Justice. Since the European Commission's move to a "more
economic approach" to competition law reasoning and decisional practice, the use
of economic argument in competition law cases has become a stricter requirement.
Many national competition authorities are also increasingly moving away from a
legalistic analysis of a firm's conduct to an effect-based analysis of such
conduct, indeed most competition cases today involve teams composed of lawyers
and industrial organisation economists.
Competition law books tend to have either only cursory
coverage of economics, have separate sections on economics, or indeed are far
too technical in the level of economic understanding they assume. Ensuring a
genuinely integrated approach to legal and economic analysis, this major new
work is written by a team combining the widely recognised expertise of two
competition law practitioners and a prominent economic consultant. The book
contains economic reasoning throughout in accessible form, and, more pertinently
for practitioners, examines economics in the light of how it is used and put to
effect in the courts and decision-making institutions of the EU. A general
introductory section sets EU competition law in its historical context. The
second chapter goes on to explore the economics foundations of EU competition
law. What follows then is an integrated treatment of each of the core
substantive areas of EU competition law, including Article 101 TFEU, Article 102
TFEU, mergers, cartels and other horizontal agreements and vertical restraint.