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Anti-competitive agreements and abuse of dominance - The relationship between Articles 101 and 102 TFEU

Awarded: NOK 58,000

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Project Period:

2014 - 2014

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The core of the phd project is the simultaneous application of Articles 101 and 102 TFEU. Together the provisions constitute the control of the behaviour of undertakings on the common market under EU Competition Law. The main research question for the pro ject is how an assessment of abuse under article 102 TFEU should be appraised, contrary or similar to the assessment of anti-competitive agreements under article 101 TFEU. Neither the EU Courts nor the European Commission seems to have developed any sys tematic principles on when and on which criteria both provisions can be applied. Further, there seems to be an inconsistency in the jurisprudence of the EU Courts on what affecting competition through restrictive agreements and abuse of dominance entails. The discrepancy between the provisions gives rise to an uncertainty, incoherency, and a series of questions relating to the simultaneous application of the provisions and the agreements which might be covered by both. By the research question the proj ect intends to analyse the jurisprudence of the EU Courts with the aim of clarifying both what effects the courts has considered as restricting competition and abuse of dominance, and through the analysis of the jurisprudence, clarifying how the determina tion of an anticompetitive agreement and abuse of dominance should be carried out, determining the criteria for applying the provisions simultaneously. Considering that EU Compeition Law is a subject with an international topic with a worldwide reseach c ommunity, several stays abroad are planned to contribute to research and dissimenation, amongst others, two stays at the the Max Planck Institute for Innovation and Competition in Munich. A stay at the institute with access to the library would be a valu able contribution on several stages of the project, especially for research at a early stage of the project. A two week superintensive german language course at the goethe institut in Munich is also planned.

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Thematic Areas and Topics

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