[PDF] Side Effects Of The Modernisation Of Eu Competition Law eBook

Author : Laura Parret
Publisher :
Page : 0 pages
File Size : 49,41 MB
Release : 2011
Category : Antitrust law
ISBN : 9789058506191

GET BOOK

This book offers an investigation of several aspects of the so-called modernization of EU competition law. It brings together a number of articles written between 2005 and 2010, supplemented by an overall analysis and forward looking conclusion. Modernization affected both the enforcement of competition law (the entry into Reg. 1/2003 and decentralization), as well as the substantive application of the law (a more economical approach). Five subjects are dealt with in consequent chapters. They all touch on, sometimes unintended, the important side effects of modernization. The first subject is the level of individual judicial protection offered by the EU courts. The second subject is the interstate trade clause which has acquired a new role after modernization. The third subject is highly relevant in practice, namely the rules on proof in cartel cases. The book then goes on to examine the crucial issue of the objectives of EU competition law and, finally, devotes an article to the challenging question whether there is still a role for the principle of national procedural autonomy and what effectiveness still requires now in terms of further harmonization of national procedures. In a substantial last chapter, the different essays and articles are drawn together and a number of fundamental issues are addressed: the relationship between competition policy and the internal market, the pressures put on the institutional and procedural framework by substantive modernization, the difficult relationship between decentralization, convergence and consistency, and the need for a sufficient system of judicial protection at the EU level.

Author : Alexandre Ruiz Feases
Publisher :
Page : 322 pages
File Size : 20,94 MB
Release : 2020
Category : Antitrust law
ISBN :

GET BOOK

The recent developments in the modernisation of the prohibition of abuse of dominance (e.g., Intel) have created the impression that Articles 101 and 102 TFEU and merger control are finally aligned with each other. Against this backdrop, this thesis focuses on appreciability and explores to what extent this statement holds true. To this end, the thesis completes two tasks. It first examines the consistency of EU competition law by taking appreciability as a benchmark and vertical restraints as case study. Once the existence of inconsistencies is confirmed, the thesis tackles the following research question: how to rethink appreciability to repair the consistency of competition law? More concretely, the doctoral dissertation identifies the presence of a category of restrictions of competition that are neither de minimis nor appreciable; as well as the adoption of two different approaches to appreciability by the European Commission and EU courts: an analysis-based and an assumption-based approach. It contends that the coexistence of both approaches undermines the consistency of competition law: under the former there is room for considering some restrictions non-appreciable due to their small impact on competition, whereas under the latter the degree of harm is always assumed to be high. Moreover, the thesis finds that appreciability is not playing a part in the modernisation of EU competition law, which exacerbates the inconsistency of this legal system. To repair the consistency of EU competition law, the thesis proposes a superior policy for appreciability. In doing so, it explores the role of appreciability in competition law, its structure as a rule and a standard, and its position vis-à-vis other standards in the enforcement of competition rules. The thesis suggests combining the analysis-based with a presumption-based approach, which can be adopted on a case-by-case basis depending on the legal provision and type of restriction at issue.

Author : Carlo Maria Colombo
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 40,46 MB
Release : 2024-02-08
Category : Law
ISBN : 1509951806

GET BOOK

This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

Author : Wolf Sauter
Publisher : Oxford University Press
Page : 476 pages
File Size : 27,30 MB
Release : 2016-05-26
Category : Law
ISBN : 0191065986

GET BOOK

EU competition law plays a central role in the process of European integration both as a multifaceted tool for creating and policing the internal market as well as in organising national markets. Yet as a consequence of this role it is also subject to increasingly complex demands, a proliferation of (sectoral) regimes, and multiple objectives at both an EU and national level. This profligacy entails risks of fragmentation and divergence - which could jeopardise the proper functioning of the internal market. In this examination of EU competition law, Wolf Sauter discusses three main issues: (i) what degree of coherence exists in EU competition law; (ii) how this coherence can be explained, particularly in the broader context of integration by EU law; and (iii) how it contributes to the legitimacy and effectiveness of EU competition law. Specific focus is placed on antitrust, while mergers, state aid control, as well as the sectoral regimes for energy and electronic communications are also examined. In addition the book also charts the history and framework of these competition regimes that jointly constitute EU competition law, defining both its objectives and limitations.

Author : David Bailey (Attorney)
Publisher :
Page : pages
File Size : 36,38 MB
Release : 2018
Category : Antitrust law
ISBN : 9780191858772

GET BOOK

Now in its eighth edition, this work is the leading authority on EU competition law. It offers a clear and comprehensive exposition of law and procedure, with exhaustive citation of judicial and legislative authorities. Fully up-to-date with major developments in substantive law and case law, this is an essential purchase for EU competition law practitioners.

Author : Adina Claici
Publisher :
Page : 0 pages
File Size : 36,34 MB
Release : 2023-05-12
Category :
ISBN : 9789403500966

GET BOOK

The controversy surrounding EU competition rules has grown in recent years. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels. This volume takes stock of the current situation, assessing the successes and failures of the prevailing 'modernisation' policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world. The book's contributions are based on papers delivered at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges. The authors include prominent practitioners and academics, members of the European Commission, representatives of national competition authorities, and judges from both EU and national courts. They address such salient issues as the following: free competition versus 'regulated competition' as alternative or complementary models; new methods for the identification of consumer harm and benefits; sui generis competition law regimes for specific sectors; State aid enforcement and crisis management; and the green and digital objectives and their legal and political implications. Taken together, the essays provide extensive treatment of the EU Courts' jurisprudence and the literature in the field. For practitioners, policymakers and academics working with competition law, the book will clearly explain the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe.

Author : Adina Claici
Publisher : Kluwer Law International B.V.
Page : 441 pages
File Size : 22,75 MB
Release : 2023-05-12
Category : Law
ISBN : 9403501162

GET BOOK

The controversy surrounding EU competition rules has grown in recent years. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels. This volume takes stock of the current situation, assessing the successes and failures of the prevailing ‘modernisation’ policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world. The book’s contributions are based on papers delivered at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges. The authors include prominent practitioners and academics, members of the European Commission, representatives of national competition authorities, and judges from both EU and national courts. They address such salient issues as the following: free competition versus ‘regulated competition’ as alternative or complementary models; new methods for the identification of consumer harm and benefits; sui generis competition law regimes for specific sectors; State aid enforcement and crisis management; and the green and digital objectives and their legal and political implications. Taken together, the essays provide extensive treatment of the EU Courts’ jurisprudence and the literature in the field. For practitioners, policymakers and academics working with competition law, the book will clearly explain the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe.

Author : Philipp Kirst
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 42,18 MB
Release : 2021-12-28
Category :
ISBN : 9781800887510

GET BOOK

This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim's right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system. Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive's main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims. Provoking debate on the ways in which a more integrated enforcement regime could be created; this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.

Author : Bruce Wardhaugh
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 48,68 MB
Release : 2020-04-16
Category : Law
ISBN : 1509926062

GET BOOK

In the US and EU, legal analysis in competition cases is conducted on a case-by-case approach. This approach assesses each particular practice for both its legality and its welfare effects. While this analytic method has the merits of 'getting the result right' by, inter alia, reducing error costs in antitrust adjudication, it comes at a cost of certainty, predictability and clarity in the legal principles which govern antitrust law. This is a rule of law concern. This is the first book to explore this tension between Europe's 'More Economic Approach', the US's Rule of Reason, and the Rule of Law. The tension manifests itself in the assumptions in and choice of analytic method; the institutional agents driving this effects based approach and their competency to use and assess the results of the methodology they demand; and, the nature and stability of the legal principles used in modern effects-based competition analysis. The book forcefully argues that this approach to competition law represents a threat to the rule of law. Competition, Effects and Predictability will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.