This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences. Bringing together contributions from authoritative legal and economic experts, it provides an in-depth analysis of foundational legal and economic principles which guide the Research Handbook's exploration of the concept and prohibition of abuse of a dominant position. With comprehensive breadth, an interdisciplinary approach, and trans-Atlantic coverage, this Research Handbook covers various important topics including market definition and market power, different types of abuse, enforcement, cross-cutting issues such as mandated neutrality, big data and the interface of competition and regulation. The blend of theoretical study and practical advice on the topic will make this a vital resource for scholars and advanced students wanting a rounded appreciation of this area of the law, whilst practitioners, competition officials, and policymakers will also find this a beneficial companion.



TABLE OF CONTENTS



Preface



Introduction. Pınar Akman, Or Brook and Konstantinos Stylianou



PART I ESTABLISHING DOMINANCE



1 Market definition. Sean P. Sullivan



2 Understanding market power: an economics perspective. Nicolas Petit



3 Concentration and rising market power: fears and facts. Gregory J. Werden



4 Understanding market power: a legal perspective. Nicolas Petit



PART II ABUSE OF DOMINANCE AND MONOPOLIZATION: CONDUCT AND THEORIES OF HARM



5 What is an abuse of a dominant position? Deconstructing the prohibition and categorizing practices. Pablo Ibáñez Colomo



6 Exploitative abuses: recent trends and comparative perspectives. Marco Botta



7 A re-evaluation of the abuse of excessive pricing. Kathryn McMahon



8 Predation and discrimination. John B. Kirkwood



9 The future of refusals to deal and margin squeezes in the face of sector-specific regulation. Inge Graef



10 Tying and bundling. A. Douglas Melamed



11 Rebates. Viktoria H.S.E. Robertson



12 The role of intent in abuse of dominance and monopolization. Mariateresa Maggiolino



13 The special responsibility of dominant undertakings. Giorgio Monti and Ekaterina Rousseva



14 Abuse without dominance and monopolization without monopoly. Or Brook and Magali Eben



PART III ENFORCEMENT



15 Remedies, sanctions and commitments. Florian Wagner-von Papp



16 Burden of proof and judicial review. Andriani Kalintiri



PART IV CROSS-CUTTING ISSUES



17 Intersection of competition and regulation in abuse of dominance and monopolization. Katalin J. Cseres



18 Mandated neutrality, platforms, and ecosystems. Barak Orbach



19 Killing nascent innovation as abuse of dominance and monopolization. Alan J. Devlin



20 Monopolization and intellectual property rights. Christopher R. Leslie



21 Public procurement and abuse of dominance. Grith Skovgaard Ølykke



22 Big data and data-related abuses of market power. Tilman Kuhn, Kristen O’Shaughnessy, Tobias Pesch, Jaclyn Phillips and
D. Daniel Sokol