Claudia Gabriel la Squillantini JD' It is only natural to strive to be the biggest, the best and the brightest. Instinct drives man to do anything and everything in his power to achieve these goals, including eliminating rivals who stand in his way. The law, however, must step in to regulate human nature.
Abuse Of Dominance: The Microsoft Cases
Abuse of Dominance: Effect over Form? | Competition Law
Greiss, Mourad Evaluating the influence of EU competition rules and Islamic principles on the treatment of abuse of dominance under Egyptian competition law. Doctoral thesis DPhil , University of Sussex. By employing the functional method of comparative law for the purposes of the study on EU, Islamic, and Egyptian laws, the central argument of this thesis is that the Egyptian treatment of abuse of dominance is distinctive in three ways. First, Egyptian rules do not prohibit the practice of excessive pricing. Although in jurisdictions that prohibit it, most notably the EU system, competition authorities do not contemplate it as an investigation priority, it is argued that the lack of its prohibition raises Islamic law concerns and may lead to potential effects on the Egyptian economy.
DEMYSTIFYING DOMINANCE: ESTABLISHING LEGAL PARAMETERS FOR ABUSE OF DOMINANCE
And with dominance that long established, cases of abuse of the same become an inevitable part of the picture. As such, it is not a surprise that the number of cases filed against the software giant in the past few years have managed to form a jurisprudence of their own. The present paper presents a study on the subject of abuse of dominance with reference to the cases filed against Microsoft in the US as well as the European Union. It starts with a case study of Microsoft, illustrating the extent of its dominance and follows up with the subsequent litigations in this regard. It strives to map the issues raised by these cases, the significance they hold in the legal regime of abuse of dominance and the lessons that can be learnt from their experience, especially with regard to the remedies and execution thereof.
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