Exploitative Abuses

Abstract

Chapter 5 provides a detailed and comprehensive description and analysis of the major exploitative abuses cases considered by the English courts and competition and regulatory authorities since the inception of the Competition Act 1998, including the High Court, the Competition Appeal Tribunal, and the Court of Appeal. This decisional practice and case law have been widely cited and adopted by the EU Courts in Advocate General opinions and in the judgments and opinions of overseas authorities and courts. The chapter also contains a critique of the case law and decisional practice and highlights important practical points and points of principle that have received insufficient (or no) attention, as well as issues on which the case law and decisional practice are arguably wrong. This analysis is timely, since it is clear that the topic of exploitative abuse remains an important one for the UK competition authorities, regulators, and courts, perhaps even more so than authorities and courts in EU Member States.