Objective justification and Prima Facie anti-competitive unilateral conduct : an exploration of EU Law and beyond
Bibliographic record
Abstract
<p></p><table><tbody><tr><td>\n</td>\n<td>The prohibition of anti-competitive unilateral conduct by firms with\n market power is not absolute, but allows for derogation. For the \npurposes of EU law, the ECJ has accepted that a so-called ‘objective \njustification’ plea may be invoked in the case of a prima facie abuse of\n dominance. Even though this is long-standing case law, many \nuncertainties remain as to its interpretation.\n\n\n\nThis thesis contains a detailed examination of this concept of \n‘(objective) justification’, focusing in particular on its scope and the\n applicable legal conditions. The thesis submits that this concept is \nhighly important, as it can steer Article 102 TFEU away from a \nformalistic approach and give ample weight to the prevalent context. \n\n\n\nAlthough the thesis focuses on EU law, it also seeks inspiration from \nthe approach in other jurisdictions. A comparative study includes \nrelevant cases from various EU Member States (France, Germany, Ireland, \nLuxembourg, the Netherlands, Spain and the UK) and non-EU jurisdictions \n(Australia, Canada, Hong Kong, Singapore, South Africa and the US). The \nstudy reveals that these jurisdictions have accepted the availability of\n a justification plea, and have dealt with the concept in strikingly \nsimilar ways.</td></tr></tbody></table>
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.001 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".