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Preface; Contents; List of Contributors; Abbreviations; Part I: Abuse of Dominant Position and Globalization; 1: International Report; 1.1 Introduction; 1.2 The Different Prohibitions of Abuse of a Dominant Position; 1.3 Conduct Prohibited as Abuse of a Dominant Position; 1.3.1 Definition of `Abuse;́ 1.3.2 Exploitative Abuse and Exclusionary Abuse; 1.3.3 Price-Based Abuse and Non-price-Based Abuse; 1.4 Enforcement; 1.4.1 Decision-Making Practice; 1.4.2 Competent Courts and Authorities; 1.4.3 The Substantive Approach Followed by Competent Courts and Authorities

1.4.4 Criticism of the Decisional Practice of the Competition Authorities/Courts1.5 Conclusions; 2: Austria; 2.1 Introduction; 2.1.1 Legal Regulation in the Austrian Cartel Act; 2.1.2 Indicative List of Abusive Behaviour; 2.1.3 Historical Development and Amendments to the Statutory Regulations; 2.1.4 Other Statutory Provisions; 2.2 Definition of the Abuse of Market Power; 2.2.1 Cartel Act; 2.2.2 Definition by the Competition Authority; 2.2.3 Definition by Case Law; 2.3 The Distinction Between Exploitative Abuse and Exclusionary Abuse; 2.3.1 Legal Basis; 2.3.2 Decisional Practice

2.4 Treatment of Price-Based and Non-price-Based Abuse and Stricter Rules Compared to Article 102 TFEU2.4.1 Price-Based and Non-price-Based Abuse; 2.4.2 Stricter Rules for Unilateral Conduct than Article 102 TFEU?; 2.4.2.1 No Stricter Rules in Respect to Abusive Behaviour; 2.4.2.2 Definition and Presumption of Dominance; Dominance in Relation to Customers or Suppliers; Presumption of Dominance; Conclusion; 2.5 Enforcement; 2.5.1 Decision-Making Practice; 2.5.1.1 Proceedings and Decisions in the Last Five Years; 2.5.1.2 The Proportion of Exploitative and Exclusionary Abuses

2.5.2 Competent Courts and Authorities2.5.2.1 Courts and Authorities Dealing with Competition Infringements; 2.5.2.2 Regulators Enforcing Competition Rules?; 2.5.2.3 Guidelines Concerning the Enforcement or Interpretation of the Prohibition?; 2.5.3 Approach Followed by Competent Courts and Authorities; 2.5.3.1 EU Approach to the Interpretation of `Abuse;́ 2.5.3.2 Aim of the Prohibition of Anticompetitive Unilateral Conduct; 2.5.3.3 Effect of the Commissionś Guidance on Enforcement Priorities

2.5.3.4 Criticisms Directed Towards the Decisional, Lack of Case Law, Only One Instance Deciding on Factual Circumstances2.6 Summary; 3: Belgium; 3.1 Brief History of the Prohibition Against Unilateral Conduct in Belgium; 3.2 Current Sources of the Prohibition; 3.2.1 Legal Definition; 3.2.2 Guidance by the BCA; 3.2.3 Case Law; 3.3 Potential Cumulative of the Law on Unfair Competition and the Prohibition Against Anticompetitive Unilateral Conduct; 3.4 Distinction Between Exploitative and Exclusionary Forms of Abuse; 3.4.1 Distinction in the Legal Provisions; 3.4.2 Distinction in the Decision-Making Practice of the BCA.

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