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Bobby Borg - Music Marketing for the DIY Musician

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Bobby Borg

Music Marketing for the DIY Musician

2020

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5. LEARN FROM YOUR COMPETITORS: Conducting a Competitor Analysis S. 41-50

doi.org/10.5771/9781538134634

Anca Daniela Chirita - The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

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Anca Daniela Chirita

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 82 2011

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The As-Efficient Competitor Test S. 190-192

„… harmed. 8. The As-Efficient Competitor Test Posner developed the as-efficient competitor test that …” „… defendant’s market «an equally or more efficient competitor».746 The Discussion Paper’s as-efficient …” „… competitor test intended to provide a safe harbour for the dominant undertaking.747 Thus, it did not regard …”

The Assessment of Market Dominance S. 112-127

„… number of undertakings «has no paramount market position in relation to the remaining competitors».One …” „… to its competitors» and a dominant market position is made by consideration of particular …” „… under EU competition law, whilst distinguishing between anticompetitive foreclosure of competitors …”

Dependence upon a Certain Undertaking S. 314-319

„… competitors-related function. Such an approach is, therefore, critical when it affords protection to competitors …” „… , cases of vertical dependence, or in cases where the concept of economically viable competitors is at …” „… producers with the capacity of producing similar or better products. Thus, Cost’s potential competitors have …”

Margin Squeeze in the Telecommunications Sector S. 260-268

„… charged to competitors on the upstream market for access and the price which the downstream arm of the …” „… .1049 DT charged competitors higher prices for network access services (local loop) than the retail …” „… prices which its end-users were charged for access. The abusive practice forced competitors to charge …”

Predatory Pricing S. 245-252

„… all homes use electricity as a form of heating and providers have no competitors in their respective …” „… pricing for a sustained period with the intention of deterring competitors’ entry into the market or …” „… eliminating existing competitors enables firms to increase their market power.976 Such practices are 972 FCO …”

Selling below Costs S. 252-257

„… intend to bar Lufthansa from meeting the prices of its competitors, but from beating them. In conclusion …” „… sufficient to denote abuse. In both cases, the predatory intent is a plan to eliminate a competitor and a …” „… prohibition of selling below cost has been applied to those practices intended to drive competitors out of the …”

Brief Overview of Short-Term or Other Policy Goals S. 68-74

„… protection to competitors in the light of the Treaty’s preamble that recognises fair competition.216 As has …” „… protected competitors, see E.M. Fox, We Protect Competition, You Protect Competitors, 26(2003) World Comp …” „… competitors», see http://europa.eu/pol/comp/index_en.htm, last accessed November 2009. 69 competitive …”

Selling below Cost in the Food Trade Sector S. 257-259

„… 257 competitors.1032 However, balancing the interests of smaller competitors «in not being unfairly …” „… competition law lies in the protection of small and medium-sized competitors and in keeping market entries …” „… competitors from being squeezed out of the market by non-dominant undertakings, which interferes with …”

Economically Viable or Surviving in the Market S. 338-342

„… competitor had to «overtake».1368 Similarly, the Commission considered that Microsoft’s tying foreclosed …” „… competitors not based on the merits of its products, but by its interoperability advantage.1370In spite of the …” „… a right against competitors might be considered abusive hindrance. Soda Club was obviously 1368 RC …”

The Standard of Proof and the Evidentiary Requirements S. 176-180

„… 176 foreclosure.673 This focused more on competitors than on consumers, and it would be possible to …” „… competitive pressure in the market by preventing the hindering of smaller competitors from entering the market …” „… likelihood of the effect, in that smaller competitors might be driven out of the market, lacks economic …”

The Dominant Position and the Concept of Abuse S. 82-104

„… position in relation to smaller competitors. Furthermore, Section 20(1) prohibits dominant undertakings …” „… potential competitors.263 Potential competitors are defined as economic agents who are able to penetrate the …” „… significant degree independently from its competitors, customers and consumers».264 Thus, 262 …”

Discounts and Rebates S. 270-279

„… Europe to Metro to the detriment of its competitor, Galic. Unilever offered discounts for some products …” „… a competitor, a dominant firm is prohibited from using them per se, which, however, does not …” „… , price and quality, as this prevented its competitors’ products from being offered. Such practices have a …”

Exclusionary Abuses S. 133-142

„… with the aim of eliminating competitors.517 Article 6 (a) includes a prohibition on imposing unfair …” „… customer or other competitors with «essential facilities», or discriminatory practices. The above …” „… eliminating competitors,526 while Article 6 II (e) defines a unique regulation prohibiting the abusive …”

Hindrance Abuse S. 286-290

„… only on the Frankfurt-Munich route, as it had to compete against its competitor Deutsche BA, a …” „… prohibition of discrimination as a major form of hindrance abuse, Section 20(4) applies to competitor …” „… -related cases by prohibiting undertakings with superior market power in relation to smaller competitors from …”

Joint Dominance and Oligopolies S. 127-133

„… available resources of the undertaking’s competitors; the likely impact of these resources upon actual and …” „… potential competitors; and the likelihood that a financially powerful undertaking will use its financial …” „… existing competitors and by reducing the likelihood of new entry into the market.486Therefore, due to its …”

Final Concluding Remarks S. 342-346

„… where non-dominant undertakings are dependent upon smaller competitors. This concept should be …” „… that involves applying hindrance abuse where the anti-competitive behaviour hinders competitors while …” „… its competitors in such a way that it impairs not only their ability to compete effectively and 343 …”

Technological Tying v Interoperability in the Software Industry S. 294-298

„… company in which its competitor had already been integrated offering mobile transmissions services. Thus …” „… foreclose the competition in the market, but not the competitor itself.1199The bundling of transmission …” „… advantage in the market for phone national line services where it was dominant, whilst its competitor had to …”

Brief Overview of Sharp Practices of the German Act against Unfair Competition S. 156-158

„… ». «Market participants» are not only competitors and consumers, but «all persons, who supply or demand goods …” „… or services». However, competitors and undertakings in a different line of business that do not …” „… directly compete with the infringing party are also protected.598 The term «competitor» refers to «every …”

Long-term Exclusive Agreements S. 279-284

„… refunds, the access of less powerful competitors to the advertising market was foreclosed, as they could …” „… analysis and represents the situation where actual or potential competitors of the dominant firm are …” „… transmission network, which had an exclusionary foreclosure effect on competitors in need of transport …”

The Union’s Present Unfair Competition Case Law S. 361-370

„… protected rights.1453 It is also argued that Microsoft was obliged to disclose to competitors not only its …” „… their intended purpose, namely, to deceive consumers or even competitors by a non-disclosure through …” „… as a distinct marketing (regulatory) strategy in order to exclude generic competitors.1455In fact …”

The Analysis and Interpretation of the Recent Romanian Amendment S. 150-156

„… , does not improve the protection of competitors; rather, it prohibits marketing methods that are also at …” „… the disposal of powerful undertakings, even when there is no intention of squeezing competitors out of …” „… the aim of eliminating competitors, or exporting at prices below production costs by charging higher …”

Super-dominance v Paramount Market Position S. 327-329

„… , technical bundling and the competitive (dis)advantage, and the issues of «economically viable» competitors …” „… dominance applies when an undertaking holds a «paramount» market position in relation to its competitors …” „… 20(4)’s superior market dominance in relation to small and medium-sized competitors. Thus, an a priori …”

Refusal to Supply S. 300-302

„… business relations with two of its smaller competitors as local radio broadcasters.1225 The latter were …” „… its advertising slots to others whilst it discriminated against its two competitors. However, the FCO …” „… competitor is a strong intervention into the economic freedom, but EU competition policy has been much more …”

Performance v Prevention-Based Competition and Economic Efficiency S. 55-61

„… It refers to the freedom to emulate the performance of competitors and to introduce innovation as a …” „… competitors or of predation.163Kantzenbach rejected the static equilibrium theory and defended the position …” „… competition. While potential competition considers all competitors that compete with each other, effective …”

The Methodological Approach to Efficiencies and Case Law S. 180-190

„… consumers. A dominant undertaking may justify conduct leading to the foreclosure of competitors if the …” „… ability of competitors to compete, and if this cannot be justified by any resulting improvements in …” „… undertaking were obliged to share profits with its competitors this could have a negative impact on its …”

Selected Anti-competitive Practices of the Guidance Paper S. 192-196

„… competitors out of the market or to deter new ones from entering.756Pricing below AAC is deemed a clear …” „… , therefore, sufficient to examine whether competitors could revert to their competitive behaviour once the …” „… undertaking to align its prices with those of its competitors. However, the court left the door open for a …”

Contractual v Technological Tying S. 290-294

„… purchase of a second, separate product; on the consumer’s or competitor’s purchase of another product; or …” „… on the consumer’s or competitor’s agreement to refrain from using or distributing a competitor’s …” „… competitors were absent in the dominated market.1196 In the past, it had been necessary for the undertaking to …”

Concluding Remarks on the Eighth German Amendment and the Case Law S. 325-327

„… that by driving competitors out of the market, the competitive pressure disappears and, in the long run …” „… competitors by helping them to overtake their competitors and resist, not simply survive the competitive …” „… pressure in the market. Therefore, precisely the function of overtaking a competitor …”

The Historical Background of the EU Unfair Competition Rules S. 349-356

„… consumers or competitors. A practical problem is whether the Lisbon Treaty contains a provision addressing …” „… exploitation of a dominant position when they accrue a «disadvantage in relation to their competitors». As a …” „… to the «disadvantage» of competitors, consumers, or of any other market participants.1409 In …”

Distinctive Features in the Light of the Eighth German Amendment S. 146-150

„… encourages parallel conduct amongst energy suppliers that must react to their competitors’ pricing policy.574 …” „… A price decrease of potential competitors, therefore, is inefficient because it may discourage …” „… prevent powerful undertakings from unfairly hindering small and medium-sized competitors by systematically …”

Consistency v Legal Certainty in light of the Form and Effects-based Approach S. 168-173

„… explained, the policy objective does not aim to protect competitors or consumers, but to maintain a system …” „… example, hindering competitors or restricting competition downstream through imposing barriers to market …” „… a smaller competitor 649 Case T-203/01, Michelin II, 2003 ECR II-4071, 2004 4 CMLR 923, paras 56 …”

Refusal to Grant Access to Essential Facilities S. 302-307

„… has relative market power. Rather, substantial competitive disadvantages vis-à-vis its competitors are …” „… the competitive pressure in the market, thereby protecting competitors. 3. Refusal to Grant Access to …” „… Essential Facilities A refusal to grant access to essential facilities includes cases where a competitor …”

Introduction to the Challenges and the Gaps of the Guidance Paper S. 158-162

„… the effects of the alleged conduct on the market, on the dominant undertaking’s competitors, or on …” „… examination of the effects as such on competitors or consumers protects undistorted competition of unfair …” „… anti-competitive practices of unfair competition, which directly or indirectly harm consumers or competitors, and …”

The Relevant Markets S. 104-112

„… substitutability, and views of customers or competitors. Price correlation and ratio analysis are taken into …” „… . 105 competitors’ market shares, and substantial differences between product prices by suppliers as …” „… competitors, as the transmission of TV programs was made using the same technology, the coaxial cable and the …”

Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? S. 307-314

„… essential for rivals to compete in that market; and the competitor seeking the input would supply an unmet …” „… , the potential competitor needs access to an essential IPR input in the downstream market, such as any …” „… court afforded consideration to conduct that distorts market structure and damages competitors, without …”

Concluding Remarks on the Final Balancing of Policy Objectives, their Enforcement and Future Challenges S. 46-49

„… unfair competition and includes, therefore, effects upon competitors or customers. Article 102 (a)’s …” „… benefit of competitors, consumers, or of any market participants. In contrast, under the ARC, enforcing …” „… in maintaining effective competition undermines economic freedom. Indeed, it can protect competitors …”

Anti-competitive Foreclosure and Consumer Harm S. 173-176

„… competitors, which protects the interests of certain market participants, and not on the negatively adverse …” „… ; the position of the dominant undertaking’s competitors; the position of the customers or input …” „… competitors.671 Paragraph 19 of the Guidance Paper relies solely upon one such factor, but it describes the …”

Abuse of Economic Dependency: A Gap under Article 102 S. 322-325

„… 322 medium-sized competitors who depended upon them to comply with otherwise non-binding price …” „… competition, namely, deception of customers relating to competitors’ efforts to enable their GPUs to …” „… that by driving competitors out of the market, the competitive pressure disappears and, in the long run …”

Refusal to Deal S. 298-300

„… competitors may distort competition when a firm is punished for competing on its own merits. 1212 CC …” „… importance. RMS radio marketing refused to establish business relations with two of its smaller competitors …” „… discriminated against its two competitors. However, the FCO did not force RMS to enter into any specified …”

Technical Bundling and the Unfair Interoperability Advantage S. 336-338

„… the mileage bonus system in which its competitor had already been integrated, because its ability to …” „… compete would inevitably affect or even foreclose competition in the market, but not the competitor itself …” „… Deutsche Telekom in the market where it held a dominant position, while its competitor had to «overtake …”

The Elements of Unfair Competition under Article 102 S. 359-361

„… 359 price that does not cover the costs is objectively capable of squeezing one or more competitors …” „… and medium sized competitors» if they hinder any such competitors in an «unfair» manner.1442 Therefore …” „… , Section 20’s prohibition protects competitors or more recently consumers1443 as market participants, and …”

The Lock-in Effect: Microsoft & Soda Club S. 330-331

„… held that Article 102 prohibits a dominant undertaking from eliminating a competitor and from …” „… recognised Microsoft’s refusal to supply competitors with interoperability information that would enable them …” „… competitors» from developing innovative features and placed its competitors at a competitive «disadvantage by …”

Reconcilable Tensions of the New Shift S. 165-168

„… which to measure market performance, with competitors who deliver less leaving the market.627 …” „… dominant position are likely to raise additional entry barriers to actual or potential competitors. To sum …” „… presumption that an undertaking enjoys a paramount market position in relation to all its competitors does not …”

Overview of Major Policy Objectives S. 27-46

„… restraints upon competition through third parties that include competitors in the dominant or dominated …” „… defined as safeguarding the interests of all the market participants, namely, businesses as competitors …” „… , Protection of Competitors, Consumers and the General Public, 1(2006)8 J.I.Property L.&Prac., 524-38. 71 …”

The Scope of Application of the Market Dominance Laws S. 79-82

„… situations. However, Section 20’s target is the unfair hindrance of small and medium-sized competitors and …” „… is generally abusive might hinder a competitor.261Second, Section 20(4) particularly extends the area …” „… market position in relation to smaller competitors. Furthermore, Section 20(1) prohibits dominant …”

Efficiencies S. 331-333

„… due to an «artificial» interoperability advantage, whilst Microsoft’s refusal «discouraged competitors …” „… » from developing innovative features and placed its competitors at a competitive «disadvantage by …” „… markets that are characterised by network effects. The decline in the competitors’ market share could also …”

Final Remarks for Germany S. 379-381

„… , of the overall harm caused to competitors against the expected benefits to society welfare. The …” „… focus upon unfair hindrance shows the interplay of effects on competitors or consumers with short-run …” „… dynamic perspectives of competition. The unfair hindrance of smaller competitors has a special philosophy …”

The Market-Structure-Conduct Paradigm, Effective Competition, and the Objective Justification S. 61-65

„… harmful conduct relative to its effects on producers’, customers’, competitors’ or consumers’ welfare. The …” „… rather than on the overall market performance of all competitors. Instead, performance becomes a means of …” „… protecting competition against particular forms of harmful conduct to all competitors. Intensive or workable …”

Brief Overview of Remedies, Penalties, and Judicial Review S. 222-229

„… FCO.904 Therefore, competitors or any other market participants affected by an alleged infringement …” „… of the AUC; for example, the unfair hindrance of competitors, particularly of smaller or mediumsized …” „… firms, protects the interest of competitors, customers or suppliers. Third parties cannot intervene …”

Cross-subsidisation S. 259-260

„… foreclosing competitors in an anti-competitive manner from entering the market and preventing existing …” „… competitors from growing within it. The latter aspect is critical because it concerns only competitors and …” „… charged to competitors on the upstream market for access and the price which the downstream arm of the …”

Likelihood of Effects and Competition on the Merits S. 329-330

„… foreclosure is a situation where actual or potential competitors of the dominant undertaking are, completely …” „… of hindering a successful market presence or the market entry of actual or potential competitors.1328 …” „… a competitor and from strengthening its position by recourse to means other than those based on …”

Ambiguities: Where is a Clear Policy Standard? S. 162-165

„… protect «an effective competitive process and not simply competitors», by which it meant that those …” „… competitors who offer inadequate price, choice, quality, and innovation must leave the market.613 In this way …” „… , the Commission responded to criticism that it applies Article 102 for the protection of competitors …”

(Price) Discrimination S. 284-286

„… .1158 The CC deemed the non-discriminatory fees charged by its competitor, CFR Passengers, to be a …” „… competitors.1159 The CC found 1155 CC’s Plenum, decision no. 85, 5 September 1998, unpublished. 1156 CC …” „… market discriminates in favour of its own downstream subsidiary and against the competitors of that …”

Excessive or Unfair Pricing and Unfair Trading Conditions S. 236-242

„… (e) RCL is charging excessive prices with the aim of eliminating competitors. As the Commission …” „… laborious economic analysis of costs necessary to determine excessive pricing, such as competitors’ prices …” „… the take-over of Sepal SA Sebe3, its major competitor.940 The CC did not enter into any major costs …”

Establishing Market Dominance S. 74-79

„… of goods or commercial services, has no competitors or is not exposed to any substantial competition …” „… , or has a paramount market position in relation to its competitors.234 However, these three …” „… cumulative proof that no competitors exist.236 The disjunctive conjunction makes both of them independently …”

Introduction S. 346-349

„… competitors.1387 They argue that exploitative abuses of Article 82 EC, for example unfair purchase or selling …” „… «competitors» are acts of unfair competition. This is a good starting point. The first indication that unfair …” „… quality, innovation or product differentiation or to competitors. Article 3 of this directive defines a …”

The Present Relevance of the Historical Interpretation of Article 102 S. 356-359

„… price that does not cover the costs is objectively capable of squeezing one or more competitors out of …” „… medium sized competitors» if they hinder any such competitors in an «unfair» manner.1442 Therefore …” „… , Section 20’s prohibition protects competitors or more recently consumers1443 as market participants, and …”

The European Commission’s Standard: Total v Consumer Welfare S. 65-68

„… of undistorted competition and, therefore, it somehow has afforded protection to competitors in the …” „… terms case by case», 260. 216 American commentators argued that Article 82 protected competitors, see …” „… E.M. Fox, We Protect Competition, You Protect Competitors, 26(2003) World Comp., 149-50, 155; ibid …”

Monopoly Pricing S. 235-236

„… difficult to prove. The difference between the actual and past market behaviour of competitors can indicate …” „… harm dependent suppliers and impair competition, as Metro’s less powerful competitors were unable to …” „… (e) RCL is charging excessive prices with the aim of eliminating competitors. As the Commission …”

An Empirical Classification of Abusive Practices and Future Challenges S. 230-235

„… an existing or potential competitor from the market. If the degree of «considerable» market power is …” „… competitors and, in some cases, to the market being balanced in favour of the dominant firm, having long-run …” „… behaviour of competitors can indicate whether and to what extent a given market structure permits the …”

Excessive Prices in the Energy and the Gas Sector S. 242-245

„… providers have no competitors in their respective supply areas. There were barriers to entry for newcomers …” „… deterring competitors’ entry into the market or eliminating existing competitors enables firms to increase …”

Exploitative Abuse S. 142-143

„… 142 the property right. Then, the use of such a right against competitors might be considered …” „… potential competitors from entering the market. However, refusal to allow access is not abusive if the …”

Final Remarks for EU Competition Law S. 381-382

„… » their competitors. Applied in a different context, the provision would assist them in developing to the …” „… quality and quantity of the variables that must be included. If competition aims to protect competitors or …”

The German Economic Thinking in the Light of an Economic Constitution S. 49-55

„… , such as unfair hindrance of competitors, or whether it should include more consistent forms of unfair …” „… the protection of smaller competitors, «regardless of the effects on efficiency», rather than the …” „… It refers to the freedom to emulate the performance of competitors and to introduce innovation as a …”

Discrimination as a Structural Abuse S. 143-145

„… hindrance is usually directed against a competitor, whilst the unjustified differential treatment is against …” „… March 1969, WuW/E, 1027. 145 major form of discriminatory conduct applying to competitor-related cases …”

The Control of Unfair Competition Acts: A Dynamic Interpretation S. 370-372

„… interest of the general public, such as of any market participants, in particular consumers or competitors …” „… competition, the conflict-of-law rule should protect competitors, consumers and the general public». Thus it …”

The Comparative Understanding of Undistorted Competition within the Union’s Internal Market S. 205-208

„… competitor not to be excluded by illegal acts, irrespective of whether this results in a verifiable overall …” „… competitors and despite having safeguarding consumers’ interests as an intermediate goal. The latter may need …”

A Shift to More Effects-based Competition, Consumer Harm, and Public Policy? S. 213-217

„… discipline among competitors in case of «serious damage to a major public interest», as defined by law …” „… -95/04, British Airways, 2007 ECR I-2332, para 68. 217 individual competitors or of consumers, but to …”

Brief Overview of Responses and Concluding Remarks S. 196-201

„… to supply prevents competitors from bringing «new» products onto the market or stifles innovation. 10 …” „… 102 is not designed only, or primarily to protect the immediate interests of individual competitors or …”

The Abuse of Economic Dependence S. 145-146

„… 145 major form of discriminatory conduct applying to competitor-related cases, and unjustified …”

The Competition Policy after Lisbon and the Interpretation of Article 102 S. 208-209

„… will be inconsistent with the Treaty if it tips the balance only to businesses as competitors and …”

Business or Demand-induced Dependence S. 321-322

„… , Rolex-Uhren, 2003. 1310 FCJ, KZR 1/75, Rossignol, 1975, WuW/E, 1391. 322 medium-sized competitors who …”

Concluding Remarks S. 220-222

„… battlefield for the protection of consumers or competitors, as market participants. 222 VII. Brief Overview of …”

Bibliography S. 383-395

„… Paper Series No. 09-26 (2009). Fox, E.M.: We Protect Competition, You Protect Competitors, 26(2003 …” „… ) Gewerblicher Rechtsschutz und Urheberrecht. Heim, Sebastian: Protection of Competitors, Consumers and the …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Balancing Test 184d) A Comparative Analysis of Efficiencies 1888. The As-Efficient Competitor Test 1909 …”

Stricter National Abuse of Market Dominance Rules S. 22-24

„… unfair hindrance of smaller competitors by non-dominant undertakings that have superior market power …”

The Legal Background of the Abuse of a Dominant Position S. 19-22

„… competitors by non-dominant undertakings that have superior market power. Before the Commission’s …”

The Balancing Test: The Public Interest and Effective Competition S. 333-336

„… of the dominant undertaking and of its hindered competitors are weighed up against the aim to ensure …”

The Teleological Interpretation of Article 12 to Article 102 S. 217-220

„… 217 individual competitors or of consumers, but to protect competition as an institution and …”

doi.org/10.5771/9783845230306

Constanze Semmelmann - Social Policy Goals in the Interpretation of Article 81 EC

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Constanze Semmelmann

Social Policy Goals in the Interpretation of Article 81 EC

2008

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Protecting competitors and fair competition S. 39-40

„… its ability to translate into operable legal criteria. 4. Protecting competitors and fair competition …” „… the (in)famous claim that competition law protects competitors rather than competition. In other …”

Competitive process S. 39

„… its ability to translate into operable legal criteria. 4. Protecting competitors and fair competition …” „… the (in)famous claim that competition law protects competitors rather than competition. In other …”

Economic efficiency S. 36-39

„… into operable legal criteria. 4. Protecting competitors and fair competition Especially in line with …” „… claim that competition law protects competitors rather than competition. In other contexts, the vague …”

Small and medium sized enterprises S. 54-55

„… market participants such as competitors and consumers as a goal in itself within EC competition law can …”

The case law of the US Supreme Court on the non-competition goals under Section 1 of the Sherman Act S. 155-157

„… distrust of large business ventures and a dearth of competitors, a preference for diversity, and …”

Freedom of competition/economic freedom S. 55-57

„… market participants such as competitors and consumers as a goal in itself within EC competition law can …”

Content S. 9-16

„… competitors and fair competition 415. Socio-political issues 426. Compatibility of and harmonisation among the …”

Freedom as a value in itself S. 32-36

„… agreements between competitors,) was seen as a major threat to the competitive process. The original …”

Article 81 (3) EC S. 112-132

„… , incentives for actual competitors to compete, the actual market conduct of the parties, etc. are to be …”

doi.org/10.5771/9783845210797

Per Rummel - Rechtssicherheit bei der Anwendung des equally efficient competitor-Tests

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Per Rummel

Rechtssicherheit bei der Anwendung des equally efficient competitor-Tests

Series: Wirtschaftsrecht und Wirtschaftspolitik

Volume 277 2015

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Die Wahl der Bewertungsmaßstäbe S. 41-102

„… 41 C. Die Wahl der Bewertungsmaßstäbe Der equally efficient competitor-Test kann bei einer …” „… bei der Durchführung des equally efficient competitor-Tests unabhängig von der betrachteten mutmaßlich …” „… geeigneten Effizienzmaßstab. Hierbei ist insbesondere zwischen dem equally efficient competitor-Test und dem …”

Die einzelnen Testvarianten S. 103-168

„… competitor-Test eingesetzt werden kann. Daran anschließend sollen im Folgenden die einzelnen …” „… die beiden Missbrauchstatbestände, zu deren Aufdeckung der equally efficient competitor-Test in der …” „… equally efficient competitor-Test erst mit dem more economic approach Einzug gehalten. Es gilt dabei für …”

Die Bedeutung des Tests in der Missbrauchsaufsicht der EU S. 19-40

„… equally efficient competitor-Test bewerten zu können, bedarf es eines grundsätzlichen Verständnisses …” „… efficient competitor-Tests ein. Dann beschäftigt sie sich mit dem Verhältnis des Tests zu dem more …” „… objektives Prüfkriterium Der equally efficient competitor-Test stellt objektive Prüfungskriterien für das …”

Schlussbemerkungen S. 169-172

„… Ausführungen kann nun ein abschließender Blick auf die Rechtssicherheit im equally efficient competitor …” „… Schwachpunkten, indem sie den equally efficient competitor-Test stärkt und tatsächlich hält der Test zu allen …” „… nicht gegen den equally efficient competitor-Test, dass er im Normalfall die Daten des …”

Einleitung S. 13-18

„… 13 A. Einleitung Der equally efficient competitor-Test ist ein Vergleich der Kosten mit den …” „… competitor-Test einsetzen, um preisbezogene Behinderungsmissbräuche nachzuweisen. Der Test steht mittlerweile …” „… den folgenden Ausführungen steht die Anwendung des equally efficient competitor-Tests im Mittelpunkt …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Rechtssicherheit bei der Anwendung des equally efficient competitor-Tests Per Rummel Der more …” „… Rechtssicherheit bei der Anwendung des equally efficient competitor-Tests Der more economic approach der …” „… competitor-Maßstab in Ausnahmefällen 54 5. Wertende Betrachtung 58 a) Rechtssicherheit 58 b …”

Literaturverzeichnis S. 173-178

„… . 102 AEUV und eingeschränkte Bedeutung des „as-efficient-competitor“-Tests, NZKart 2014, S. 492-496 …” „… , Baden-Baden 2006. Komninos, Assikmakis/Sakellariou, Stratigoula, The “as efficient competitor test” after …” „… , The role of the “equally efficient competitor“ in the assessment of abuse of dominance, Comp Law 2013 …”

doi.org/10.5771/9783845265063

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Martin Heidenhain

European State Aid Law

2010

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Legal Remedies for Competitors of the Aid Recipient S. 773-791

„… 19.11.2009 17:51:20 3B2 9.1.431; Page size: 160.00mm 240.00mm § 41. Legal Remedies for Competitors of the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . 74 A. General 1 Competitors of an aid recipient mainly have an interest in challenging decisions in …” „… Concluding a Preliminary Investigation I. Contestable Legal Act 3 Competitors of an aid recipient are …”

State Aid and Public Procurement S. 837-862

„… preferential treatment from the Commission or competitors of the contractor onto the contracting authorities …” „… obtained such contract under normal market conditions, because a competitor made a better bid which a …” „… pay to competitor. The public contracting authorities thus directly interfere with competition. The …”

Legal Remedies for Other Third Parties S. 792-797

„… competitors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 a …” „… suit are often too high to justify. For this reason, both aid recipients and competitors may decide to …” „… Procedures before the Commission already allow this collective approach. Competitors often file a statement …”

Scope of Judicial Review S. 798-812

„… approval of a restructuring aid was challenged by competitors of the aid recipients. The Court deferred to …” „… precedents, nullity actions by competitors based exclusively on the erroneous approval of an aid measure by …” „… competitors of the aid recipient. Competitors likewise have no right to a fair hearing.61 30 Under current …”

Introduction S. 753-754

„… . 659/99. In such cases, competitors often do not find out until a decision is made that aid has been …” „… annulment thus represents a last resort for competitors who wish to prevent the granting of aid. In addition …” „… to the suits filed by competitors, challenges by aid recipients or Member States to negative and …”

Proceedings before National Courts S. 813-830

„… , Competitors’ Rights to Challenge Illegally Granted Aid and the Problem of Conflicting Decisions in the Field …” „… the Commission), discriminatory imposition of taxes and other charges, actions by competitors against …” „… question of compatibility), recovery of “illegality interests”, damages for competitors or other third …”

Rights of Interested Parties S. 728-736

„… competitors, are neither parties to the procedure nor are they basically involved. Only if the Commission …” „… competitors have the right to seek initiation of the procedure 1 Cf, however, Niejahr/Scharf, who make an …” „… available to competitors were significantly expanded. The recently adopted Code on Best Practices also …”

State Liabilities S. 150-163

„… ) Decision-making powers of the national courts. . . . . . . . . . . . . . . . . . . 33 c) Competitors …” „… – provided State aid is present – are more favorable than those available to its competitors. 12Further, the …” „… significant and irreparable harm to a competitor. This last requirement seeks to conform the preconditions for …”

General Principles S. 197-228

„… procedure – i. e. favoured enterprises, their competitors and their associations (Article 1(h) Reg 659/1999 …” „… relevant publication. Moreover, competitors can refer to such publications in any complaints they file with …” „… directly applicable under national law and can be enforced by competitors in law suits filed before …”

Legal Remedies for Aid Recipients S. 763-772

„… 240.00mm aid recipient.40 Even the threat of law suits that might be filed by competitors in national …” „… competitor. An action for failure to act filed by the competitor would of course in theory be possible …”

The Concept of State Aid S. 68-106

„… this rule should be made, if at all, only where direct competitors of the party liable to pay the duty …”

State Aid pursuant to Article 87(3)(c) EC – Aid to Facilitate the Development of Certain Economie Activitis or Certain Economie Areas – Horizontal Aid S. 255-359

„… competitor that might have been able to survive in the market, if the firm in difficulty received no aid and …” „… prevents remaining competitors from acquiring a monopolistic or oligopolistic market position.3 4 According …” „… to offer the aid-granting State authorities, beneficiary enterprises and affected competitors a basis …”

Taxes and Duties S. 164-176

„… duties on betting on horse racing. Acting at the instigation of a competitor’s complaint, the Commission …” „… favoured enterprises in relation to competitors within the Community. This was sufficient to confirm a …”

Procedure regarding Unlawful Aid S. 674-714

„… recovery is intended primarily to protect competitors threatened, through the unlawful granting of aid …” „… the effective legal protection of the aid beneficiary’s competitors. Thus, the Court of Justice …” „… irreparable damage to a competitor. The two latter criteria, borrowed from the traditional requirements for …”

Cross-Subsidisation S. 508-516

„… competitors on the market which is being cross-subsidised, could be foreclosed by offers which are made …” „… support). Chronopost’s competitors complained that the support provided by La Poste to Chronopost was not …”

Titelei/Inhaltsverzeichnis S. 1-46

„… ) .............................................................. 717 § 41 Legal Remedies for Competitors of the Aid Recipient (Soltész …” „… courts ............................. 113 c) Competitors …”

Sector Specific Rules S. 595-618

„… their public service competitors were funded in their respective home countries were in breach of …” „… be market conform, with the sole purpose to reduce the revenue of competitors. In the Commission’s …” „… in the market, so as to reduce the revenue of competitors, it will presume that there is …”

Procedure regarding Notified Aid S. 637-673

„… competitors of the beneficiary could file suit in the national courts with regard to every such non-notified …” „… , competitors of the aid beneficiary may invoke Article 88(3) EC directly in a national court.62 The national …” „… particular of the aid beneficiaries and their competitors. Such interested parties are thus given an …”

General Principles S. 619-636

„… : More scope for State aid control by Member States and competitors, CMLRev. 2001, 1479; Sinnaeve, Der …” „… aid.5 The rights of other third parties (beneficiaries, competitors, etc.) are much more limited than …”

State Aid pursuant to Article 87(3)(b) EC-Aid to Promote the Execution of an Important Project of Common European Interest or to Remedy a Serious Disturbance in the Economy of a Member State S. 245-254

„… manufacturers to those of competitors in non-European countries.13 5 Commission, Community guidelines on State …”

General Block Exemption Regulation S. 465-492

„… Competitors?, CMRL 2001, 1479; Soltész, Freifahrtschein für nationale Subventionspolitik – die neuen …” „… large group which have access to funds and assistance not available to competitors of equal size, so …”

Procedure regarding Existing Aid Schemes S. 718-727

„… exists a gap in the system of legal remedies, for affected competitors have no means of challenging an …”

De Minimis Aid S. 107-118

„… Commission. 71 SchJM-Mederer, Article 89 para 9, refers to the fact that competitors could appeal the …”

State Investments of Capital S. 119-149

„… competitors101 and to the broader industry average.102 It also examines the ratio of equity to debt capital …” „… compared the indebtedness of Bull to that of its competitors IBM and DEC; and Commission, 27. 7. 1994, OJ …”

Services of General Economic Interest S. 545-594

„… advantage and that their competitive position does not improve over that of competitors. Altmark concerned …” „… common market, no legal certainty exists. Competitors may intervene and bring up the case in national …”

State Aid pursuant to Article 87(3) EC – Support of Certain Economie Activities or Economie Areas – Sectoral Aid S. 360-455

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