國立高雄大學圖資館 |

Restrictions of EU competition law in the digital agethe meaning of 'effects' in a digital economy /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Restrictions of EU competition law in the digital ageby Bernadette Zelger.
Reminder of title:	the meaning of 'effects' in a digital economy /
Author:	Zelger, Bernadette.
Published:	Cham :Springer International Publishing :2023.
Description:	xvii, 224 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Antitrust lawEuropean Union countries.
Online resource:	https://doi.org/10.1007/978-3-031-31339-4
ISBN:	9783031313394$q(electronic bk.)

Restrictions of EU competition law in the digital agethe meaning of 'effects' in a digital economy /
Zelger, Bernadette.

Restrictions of EU competition law in the digital agethe meaning of 'effects' in a digital economy /[electronic resource] :by Bernadette Zelger. - Cham :Springer International Publishing :2023. - xvii, 224 p. :ill., digital ;24 cm. - Studies in European economic law and regulation,v. 252214-2045 ;. - Studies in European economic law and regulation,v. 25..

Chapter 1 -- Introduction. Chapter 2 -- Competition Law, Economics and the 'More Economic Approach' - the Necessity of a Broader Perspective. Chapter 3 -- Effects and Article 101 TFEU. Chapter 4 -- Effects and Article 102 TFEU. Chapter 5 -- Particularities of the Digital Economy. Chapter 6 -- Competition Cases in the Digital Economy. Chapter 7 -- Conclusions.

This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.

ISBN: 9783031313394$q(electronic bk.)

Standard No.: 10.1007/978-3-031-31339-4doiSubjects--Topical Terms:

174407
Antitrust law
--European Union countries.

LC Class. No.: KJE6456

Dewey Class. No.: 343.240721

Restrictions of EU competition law in the digital agethe meaning of 'effects' in a digital economy /
LDR:03414nmm a2200337 a 4500 001 647055
003 DE-He213
005 20230628174530.0
006 m d
007 cr nn 008maaau
008 240116s2023 sz s 0 eng d
020 $a 9783031313394$q(electronic bk.)
020 $a 9783031313387$q(paper)
024 7 $a 10.1007/978-3-031-31339-4 $2 doi
035 $a 978-3-031-31339-4
040 $a GP $c GP
041 0 $a eng
050 4 $a KJE6456
072 7 $a LBBM $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LBBM $2 thema
082 0 4 $a 343.240721 $2 23
090 $a KJE6456 $b .Z49 2023
100 1 $a Zelger, Bernadette. $3 956222
245 1 0 $a Restrictions of EU competition law in the digital age $h [electronic resource] : $b the meaning of 'effects' in a digital economy / $c by Bernadette Zelger.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2023.
300 $a xvii, 224 p. : $b ill., digital ; $c 24 cm.
490 1 $a Studies in European economic law and regulation, $x 2214-2045 ; $v v. 25
505 0 $a Chapter 1 -- Introduction. Chapter 2 -- Competition Law, Economics and the 'More Economic Approach' - the Necessity of a Broader Perspective. Chapter 3 -- Effects and Article 101 TFEU. Chapter 4 -- Effects and Article 102 TFEU. Chapter 5 -- Particularities of the Digital Economy. Chapter 6 -- Competition Cases in the Digital Economy. Chapter 7 -- Conclusions.
520 $a This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
650 0 $a Antitrust law $z European Union countries. $3 174407
650 0 $a Restraint of trade $z European Union countries. $3 174405
650 0 $a Competition, Unfair $z European Union countries. $3 174404
650 1 4 $a European Economic Law. $3 848282
650 2 4 $a IT Law, Media Law, Intellectual Property. $3 823867
650 2 4 $a International Economic Law, Trade Law. $3 558716
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
830 0 $a Studies in European economic law and regulation, $v v. 25. $3 956223
856 4 0 $u https://doi.org/10.1007/978-3-031-31339-4
950 $a Law and Criminology (SpringerNature-41177)