The Dominance and Monopolies Review - Edition 4

Maurits J F M Dolmans
Henry Mostyn
  • Editors:
  • Maurits J F M Dolmans and Henry Mostyn
  • Cleary Gottlieb Steen & Hamilton LLP

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This new edition of The Dominance and Monopolies Review tracks the evolution of abuse of dominance rules around the world. The sheer range of global enforcement – from established agencies, such as the EU and the US FTC, to intensifying enforcement in India, China and emerging economies – makes identifying common trends difficult. But books such as The Dominance and Monopolies Review make the task of comparatively analysing developments manageable.

This editorial picks out four such developments. First, the approach competition authorities over the world have taken to assessing product design improvements. Second, the possible expansion of abuse of dominance rules to cover privacy issues. Third, the application of abuse of dominance concepts to essential patents. And fourth, and probably most important, the evolution of the ‘object versus effect’ dichotomy under Article 102 TFEU.

We would like to thank the contributors for taking time away from their busy practices to prepare insightful and informative contributions to this fourth edition of The Dominance and Monopolies Review. We look forward to seeing what evolutions 2016 holds for the next edition of this book.

About the Editors

Maurits J F M Dolmans

Maurits J F M Dolmans is a partner based in the London and Brussels offices. His practice focuses on EU, UK and international competition law, as well as EU regulatory and EU intellectual property law. Mr Dolmans has extensive experience in the information technology, telecoms, entertainment, energy, chemicals and manufacturing industries. He has appeared in proceedings before EU and ESA institutions and the EU courts, the UK antitrust authority, the courts of several Member States, and ICC and NAI arbitrations. Many of his competition cases involve abuse of dominance, licensing or refusals to license (such as the EU’s Microsoft case, where he represented various complainants and interveners on the side of the European Commission, and the Motorola SEP case), European standardisation, access to networks, mergers, joint ventures and other transactions in IT, telecoms and other areas, intellectual property arbitration and litigation, alleged abuses of dominance (such as the Google cases) and cartels. He has published widely in these areas.

Mr Dolmans is a member of the Bars in New York, Rotterdam and Brussels (E‑list). His native language is Dutch, and he is fluent in English and French. He also has a reasonable knowledge of German.

Henry Mostyn

Henry Mostyn is an associate in the London office of Cleary Gottlieb Steen & Hamilton LLP, having joined the firm in 2012. He is a barrister of England and Wales. Mr Mostyn’s practice focuses on all aspects of EU competition law.

Acknowledgements

The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

Preface

  • Maurits Dolmans and Henry Mostyn
  • Cleary Gottlieb Steen & Hamilton LLP

Argentina

  • Camila Corvalán
  • Estudio Beccar Varela

Australia

  • Prudence J Smith and Nicolas J Taylor
  • Jones Day

Belgium

  • Damien MB Gerard and Thomas Woolfson
  • Cleary Gottlieb Steen & Hamilton LLP

Brazil

  • Ana Paula Martinez
  • Levy & Salomão Advogados

Canada

  • Arlan Gates and Eva Warden
  • Baker & McKenzie LLP

China

  • Zhan Hao and Song Ying
  • AnJie Law Firm

Costa Rica

  • Edgar Odio
  • Pragma Legal

European Union

  • Thomas Graf and Henry Mostyn
  • Cleary Gottlieb Steen & Hamilton LLP

Finland

  • Anna Kuusniemi-Laine, Salla Mäntykangas-Saarinen and Kiti Karvinen
  • Castrén & Snellman Attorneys Ltd

France

  • Antoine Winckler, François Brunet and Frédéric de Bure
  • Cleary Gottlieb Steen & Hamilton LLP

Germany

  • Stephan Barthelmess and Tilman Kuhn
  • Cleary Gottlieb Steen & Hamilton LLP

India

  • Anand S Pathak
  • P&A Law Offices

Indonesia

  • Rahmat SS Soemadipradja and Verry Iskandar
  • Soemadipradja & Taher

Italy

  • Matteo Beretta and Gianluca Faella
  • Cleary Gottlieb Steen & Hamilton LLP

Kenya

  • Dominic Rebelo and Ciru Longden
  • Anjarwalla & Khanna

Mexico

  • Luis Gerardo García Santos Coy, Mauricio Serralde Rodríguez and Jorge Kargl Pavía
  • Creel, García-Cuéllar, Aiza y Enríquez SC

Netherlands

  • Erik Pijnacker Hordijk
  • De Brauw Blackstone Westbroek NV

Portugal

  • Nuno Ruiz and Ricardo Filipe Costa
  • Vieira de Almeida & Associados

Slovenia

  • Andrej Fatur and Helena Belina Djalil
  • FATUR Law Firm

Spain

  • Francisco Enrique González-Díaz and Ben Holles de Peyer
  • Cleary Gottlieb Steen & Hamilton LLP

Turkey

  • Gönenç Gürkaynak
  • ELIG Attorneys-at-Law

United Kingdom

  • Paul Gilbert
  • Cleary Gottlieb Steen & Hamilton LLP

USA

  • Kenneth S Reinker, Daniel Culley and Morgan L Mulvenon
  • Cleary Gottlieb Steen & Hamilton LLP

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