Κατεύθυνση Συγκριτικές Νομικές ΣπουδέςLibrary of the School of Law
Ελίνα (Ελένη) Ν. Μουσταΐρα, Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Φίλιππος Κ. Βασιλόγιαννης, Αναπληρωτής Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Ανδρέας Χέλμης, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Κατάχρηση δεσπόζουσας θέσης: συγκριτική μελέτη του δικαίου ανταγωνισμού/αντιμονοπωλιακού δικαίου της Ελλάδας και των Η.Π.Α.
Abuse of dominant position: comparative study of Competition Law/ Antitrust Law of Greece and the USA
The present graduate thesis attempts to examine the legal treatment of the abuse of dominant position of an undertaking by studying the Comparative Law of two legal systems: the EU/Greek Competition Law and the United States Antitrust Law. The choice of these two legal systems is mainly due to the long tradition and innovation of the United States legal framework in diagnosing and controlling the abuse of dominant position of an undertaking, but also generally in Competition/Antitrust law and the influence of the US Antitrust Law on the European Union Competition Law and thus the Greek Competition Law.
It examines the subject of Competition law and the competition policies in each country showcased, their historical evolution, the US schools of methodological analysis and the current legal framework in the USA and EU/Greece. The forms of abuse of dominant position and their legal treatment are summarized mainly through the case law of the two countries.
Amongst the categories of the abuse of dominant position, the author emphasized in pricing abuses, to be presented in comparison, due to their high number of cases brought in front of the antitrust authorities, by citing the major cases in both legal systems. In Greek case law those of Coca-Cola, Nestle, Tasty, Athenian Brewery, and in US case law, those of Virgin v. British Airways, Omega Environmental Inc v Gilbarco and Concord Boat v Brunswick.
Lastly, the control mechanisms of the two countries who are also responsible for imposing sanctions are presented, as well as the types of sanctions and their legal foundation. Particular reference is made to antitrust damages lawsuit in the United States and Greece, with emphasis on recent law 4529/2018 on compensation for breaches of competition law, and to the criminal treatment of offenders in each country.
The concluding observations attempt to compare the two legal systems, focusing on their basic similarities and differences, whose assessment undoubtedly contributes to a possible convergence, in view of the evolution of international trade, transactions and technologies, towards building a framework for global cooperation aimed at protecting fair competition.
Main subject category:
Law and Legislation
Other subject categories:
Abuse of dominant position, competition law, antitrust law, Greece, U.S.A.
ΕΡΓΑΣΙΑ ΕΚΠΑ ΤΕΛΙΚΟ.pdf
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