Download or read book The Reform of EC Competition Law written by Ioannis Kokkoris and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
Download or read book EC Competition Law Reform written by Barry E. Hawk and published by Juris Publishing, Inc.. This book was released on 2002-10-01 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1 Hardcover Volume.This volume includes selected chapters from the annual proceedings of the Fordham Corporate Law Institute. The general subject is the reform of EC competition law enforcement. This has been the subject of many Fordham conferences over the years. Indeed, EC Commission officials have stated that the modern reform proposals presently being considered had their roots at Fordham.The present volume includes seminal articles and critiques of the EC competition law regime as well as very recent discussions of the Commission's proposal for reform. Because much of the literature on EC competition law reform is scattered, the present volume should be useful in including in one place a broad selection of articles and roundtable discussions.The chapters cover not only institutional and jurisdictional issues like decentralization and sharing of powers between the Commission and the EC member states, but also substantive issues like the scope of Article 81 and the rule(s) of reason. These and other issues are examined from both an analytical and historical perspective which greatly facilitates understanding of the future implications of the reform measures presently being debated.In sum, the chapters are not merely of historical interest: problems and questions of ongoing importance are discussed.
Download or read book Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
Download or read book Modernisation and Enlargement written by Damien Geradin and published by Intersentia nv. This book was released on 2004 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competition law. The direct effect given to Article 81(3) will also stimulate implementation at the national level, including actions in national courts, although several procedural issues may impede private actions in courts. Amongc its other features, Regulation 1/2003 also creates a European Competition Network (ECN), which provides an institutional focus for cooperation between the NCAs and the Commission, as well as among the NCAs themselves. Enlargement of the European Union was one of the factors, which contributed to the adoption of Regulation 1/2003. Enlargement will expand the geographical scope of application of EC competition rules, but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations, which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are, however, willing to take on those challenges and, though a period of adaptation will be needed, there are no reasons why they should be unable to progressively develop a successful competition policy. Already, some agencies (e.g., in Hungary or Poland) have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.
Download or read book The Modernisation of EC Antitrust Law written by Rein Wesseling and published by Hart Publishing. This book was released on 2000-07 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of criticism in recent years of the European Community's competition law, Amsterdam lawyer Wesseling tries to clarify the current challenges to the policy by examining the origins of the competition law system. He begins by tracing the policy's development from the European Economic Community, established in 1958, and the European Union of today. Then he addresses the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and the Member States, the decentralized enforcement of Community law, and other issues. His conclusions differ considerably from the Commission's recent white paper. Distributed in the US by ISBS. c. Book News Inc.
Download or read book The Shaping of EU Competition Law written by Pablo Ibáñez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.
Download or read book European Competition Law written by Lorenzo Federico Pace and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission'sinvestigations, for example, the opened procedure against Google. Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (including France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.
Download or read book Reform of EC Competition Law written by Kristiina Kaarna and published by . This book was released on 2005 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Competition Policy and the Consumer written by European Commission. Directorate-General for Competition and published by . This book was released on 2004 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge:1. Making sure companies play fair - 2. Examinig mergers - 3. Opening up markets to competition - 4. Monitoring state aid - 5. International cooperation.
Download or read book Private Enforcement of EC Competition Law written by Jurgen Basedow and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission's recent green paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; relevance of the case law that contributes to general principles of European tort law; comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; calculation of damages; passing-on of losses sustained in an upstream market to customers in a downstream market; procedural devices which may help to overcome the lack of implementation; duties of disclosure and the burden of proof; collective actions that may help to overcome the rational abstention of individuals; pitfalls of leniency programmes implemented by national competition authorities; and, issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.
Download or read book Competition Law written by Eugène Buttigieg and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of 'consumer welfare' with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field - comparing and contrasting two major systems of competition law - but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.
Download or read book Abuse of Dominance in EU Competition Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.
Download or read book The New EU Competition Law written by Pablo Ibáñez Colomo and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.
Download or read book The Modernisation of EU Competition Law Enforcement in the European Union written by Dermot Cahill and published by Cambridge University Press. This book was released on 2004-06-17 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: An international survey covering the domestic anti-trust laws of 25 EU member states.
Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Download or read book The Historical Foundations of EU Competition Law written by Kiran Klaus Patel and published by OUP Oxford. This book was released on 2013-07-11 with total page 1105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration. Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe's construction, its hybrid institutional traits, and its often unique substance.
Download or read book An Introductory Guide to EC Competition Law and Practice written by Valentine Korah and published by . This book was released on 1893 with total page 1404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
