The Boundaries of EC Competition Law: The Scope of Article 81

Hardcover | February 23, 2006

byOkeoghene Odudu

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This monograph addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty - what is competition and how does Article 81 ensure that competition is protected. After over 40 years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article 81 and what it seeks to achieve. The monograph's aim is to reveal the intellectual order and rational structure underlying the law so as to enable the reader tounderstand Article 81 in a clear and rigorous manner. This is done by breaking Article 81 down into its constituent elements and examining the function that each element serves. Arguing that jurisdiction rests on a public/private distinction, both the substantive and the justificatory rules are cast to generate obligations appropriate for privateactors to perform. Actors and activities falling within the scope of Article 81 are subject to the substantive element prohibiting contrived reductions in output. Since output reduction can co-exist with cost reduction/innovation, and that these latter features are desirable, cost reduction andinnovation operate to justify infringement of the substantive obligation. Thus this monograph argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis. It is in this sense that the monograph is concerned with the boundaries of Article 81 EC.

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This monograph addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty - what is competition and how does Article 81 ensure that competition is protected. After over 40 years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article ...

Okeoghene Odudu is a Lecturer in Competition law at King's College London, where he teaches US Antitrust, EC State Aid and State Regulation Law, EC and UK Competition Law, and EU Law. Odudu read law as an undergraduate at Sidney Sussex College, Cambridge, and received an MA in Criminology from Keele University. He was a graduate stu...

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Format:HardcoverDimensions:272 pages, 9.21 × 6.14 × 0.87 inPublished:February 23, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199278164

ISBN - 13:9780199278169

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Table of Contents

1. Introduction2. The value of competition3. The meaning of undertaking within Article 81 EC4. Collusion: Agreement and concerted practice5. The meaning and existence of restricted competition6. Article 81(3) EC as a productive efficiency enquiry7. Article 81 EC and non-efficiency goals8. The boundaries of Article 81 clarified?