Objective justification and Prima Facie anti-competitive unilateral conduct : an exploration of EU Law and beyond

Leiden Repository

Objective justification and Prima Facie anti-competitive unilateral conduct : an exploration of EU Law and beyond

Title: Objective justification and Prima Facie anti-competitive unilateral conduct : an exploration of EU Law and beyond
Author: Vijver, Tjarda Desiderius Oscar van der
Publisher: Europa Institute, Faculty of Law, Leiden University
Issue Date: 2014-09-17
Keywords: Objective justification
Abuse
Efficiency
Objective necessity
Commercial freedom
Public interest
Competition law
Dominant position
Dominance
Abstract: The prohibition of anti-competitive unilateral conduct by firms with market power is not absolute, but allows for derogation. For the purposes of EU law, the ECJ has accepted that a so-called ‘objective justification’ plea may be invoked in the case of a prima facie abuse of dominance. Even though this is long-standing case law, many uncertainties remain as to its interpretation. This thesis contains a detailed examination of this concept of ‘(objective) justification’, focusing in particular on its scope and the applicable legal conditions. The thesis submits that this concept is highly important, as it can steer Article 102 TFEU away from a formalistic approach and give ample weight to the prevalent context. Although the thesis focuses on EU law, it also seeks inspiration from the approach in other jurisdictions. A comparative study includes relevant cases from various EU Member States (France, Germany, Ireland, Luxembourg, the Netherlands, Spain and the UK) and non-EU jurisdictions (Australia, Canada, Hong Kong, Singapore, South Africa and the US). The study reveals that these jurisdictions have accepted the availability of a justification plea, and have dealt with the concept in strikingly similar ways.
Description: Promotores: T.R. Ottervanger, M.C.E.J. Bronckers
With Summary in Dutch
Faculty: Faculteit der Rechtsgeleerdheid
Citation: Vijver, T.D.O. van der, 2014, Doctoral Thesis, Leiden University
Handle: http://hdl.handle.net/1887/29593
 

Files in this item

Description Size View
application/pdf Full Text 2.539Mb View/Open
application/pdf Cover 455.1Kb View/Open
application/pdf Title Pages_Contents 235.0Kb View/Open
application/pdf Summary in English 141.4Kb View/Open
application/pdf Summary in Dutch 141.7Kb View/Open
application/pdf Foreword 127.0Kb View/Open
application/pdf Chapter 1 398.6Kb View/Open
application/pdf Chapter 2 467.7Kb View/Open
application/pdf Chapter 3 734.1Kb View/Open
application/pdf Chapter 4 352.2Kb View/Open
application/pdf Chapter 5 417.6Kb View/Open
application/pdf Chapter 6 536.5Kb View/Open
application/pdf Chapter 7 268.7Kb View/Open
application/pdf Abbreviations_L ... liography_Curriculum Vitae 321.4Kb View/Open
application/pdf Propositions 116.0Kb View/Open

This item appears in the following Collection(s)