
Published online:
19 January 2012
Published in print:
01 December 2011
Online ISBN:
9780191730856
Print ISBN:
9780199226153
Contents
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A. Introduction A. Introduction
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B. Interpretation of Article 102 B. Interpretation of Article 102
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(1) The general prohibition of an abuse of a dominant position (1) The general prohibition of an abuse of a dominant position
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(2) The illustrative list (2) The illustrative list
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(3) The internal market (3) The internal market
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(a) The link between the competition rules and the internal market (a) The link between the competition rules and the internal market
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(b) The internal market and economic freedom (b) The internal market and economic freedom
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(c) The social welfare objective of the internal market (c) The social welfare objective of the internal market
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(d) The competition rules and the objectives of the Union (d) The competition rules and the objectives of the Union
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(4) Historical background and travaux préparatoires (4) Historical background and travaux préparatoires
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(a) A methodological gloss (a) A methodological gloss
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(b) The Treaty establishing the European Coal and Steel Community (b) The Treaty establishing the European Coal and Steel Community
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(c) From the ECSC Treaty to the Spaak Report (c) From the ECSC Treaty to the Spaak Report
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(d) The drafting of the text of Article 102 (d) The drafting of the text of Article 102
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(e) Long-term social welfare in the travaux préparatoires (e) Long-term social welfare in the travaux préparatoires
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C. The problem of the objective of the EU competition rules in the case law and secondary legislation C. The problem of the objective of the EU competition rules in the case law and secondary legislation
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(1) Integrated analysis of Article 102, Article 101, and merger control (1) Integrated analysis of Article 102, Article 101, and merger control
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(2) The EU competition rules and the objectives of the Treaties (2) The EU competition rules and the objectives of the Treaties
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(a) Article 102 (a) Article 102
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(b) Article 101 (b) Article 101
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(c) Merger control (c) Merger control
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(3) Rejection of consumer welfare as an objective of EU competition law (3) Rejection of consumer welfare as an objective of EU competition law
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(4) Fairness (4) Fairness
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(a) Fairness and equally efficient competitors (a) Fairness and equally efficient competitors
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(b) Fairness and less efficient competitors (b) Fairness and less efficient competitors
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(5) Economic freedom (5) Economic freedom
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D. Conclusion D. Conclusion
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Chapter
4 The Objective of Article 102
Get access
Pages
106–154
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Published:December 2011
Cite
Nazzini, Renato, 'The Objective of Article 102', The Foundations of European Union Competition Law: The Objective and Principles of Article 102, Oxford Studies in European Law (Oxford , 2011; online edn, Oxford Academic, 19 Jan. 2012), https://doi.org/10.1093/acprof:oso/9780199226153.003.0004, accessed 3 May 2025.
Abstract
This chapter identifies the objective of Article 102 through a process of literal and teleological interpretation. The conclusions reached through this hermeneutical process are tested by looking at the travaux préparatoires of the Treaty of Rome. Then, the case law on Articles 101 and 102 and the EU Merger regime are examined. Finally, conclusions are drawn.
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