Download or read book Le raisonnement conomique en droit de la concurrence written by Christophe Le Berre (juriste).) and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le juge et le raisonnement conomique en droit de la concurrence written by Anne-Lise Sibony and published by LGDJ. This book was released on 2008 with total page 883 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit de la concurrence est fortement influencé par la pensée économique. Pourtant, aucune étude systématique n'avait encore été consacrée à la manière dont les juges chargés d'appliquer ce droit intègrent les apports de la science économique dans leur raisonnement. L'ouvrage d'Anne-Lise Sibony vient combler cette lacune. L'auteur passe en revue les obstacles réels ou supposés que rencontre le juge confronté aux raisonnements économiques débattus devant lui. Elle montre qu'ils ne sont pas absolus et que les juges s'inspirent réellement de la théorie économique, même si certains emprunts apparaissent maladroits. Surtout, et c'est là un apport essentiel de l'ouvrage, Anne-Lise Sibony fait apparaître clairement les différents rôles de la théorie économique dans l'élaboration d'un jugement. En revisitant une théorie du jugement très classique, celle de Motulsky, l'auteur opère un renversement de perspective. De source de difficulté pour le juge, le raisonnement économique devient un outil, que le juge peut mettre au service de son office : dire le droit pour trancher les litiges. Cet ouvrage intéressera tous ceux qui étudient, enseignent ou pratiquent le droit de la concurrence (juges, autorités de concurrence, avocats ou économistes). Il s'adresse également ô ceux qui s'interrogent sur les rapports du droit et de l'économie, ainsi que, plus généralement, à ceux qui s'intéressent à la manière dont le droit intègre d'autres savoirs.
Download or read book Le juge et le raisonnement conomique en droit fran ais et communautaire de la concurrence written by Anne-Lise Sibony and published by . This book was released on 2006 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le raisonnement économique se présente comme un trait distinctif du droit de la concurrence. Il peut apparaître étranger au juge. L’analyse plus approfondie qui est proposée révèle cependant qu’il n’y a pas d’opposition entre la logique économique et la logique juridique. Certains points de convergences sont mis en lumière. Il est par ailleurs démontré que les obstacles à la prise en considération du raisonnement économique par le juge ne sont que relatifs. L’analyse cherche ensuite à rendre compte de l’insertion du raisonnement économique dans la méthode du juge. Celle-ci peut être expliquée à partir d’éléments habituels du jugement : les éléments de la qualification juridique des faits et sa structure. Il en découle qu’il est possible de rendre compte du contrôle juridictionnel exercé sur le raisonnement économique – notamment celui des autorités de concurrence – à partir d’une théorie du contrôle de motivation dont la portée est très générale : la théorie du manque de base légale.
Download or read book Le juge et le raisonnement conomique en droit fran ais et communaautaire de la concurrence written by Anne-Lise Sibony and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Causation in Competition Law Damages Actions written by Claudio Lombardi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elucidates the concept of causation in competition law damages and outlines its practical implications through relevant case law.
Download or read book The Foundations of European Union Competition Law written by Renato Nazzini and published by OUP Oxford. This book was released on 2011-12-01 with total page 2114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the internal market. Its application in practice has been controversial with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, social welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex questions as to how abuses can be assessed and how a dominant position should be defined. This book addresses the conceptual problems underlying the tests to be applied under Article 102 in light of the objectives of EU competition law. Adopting an interdisciplinary approach, the book covers all the main issues relating to Article 102, including its objectives, its relationship with other principles and provisions of EU law, the criteria for the assessment of individual abusive practices, and the definition of dominance. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.
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 359 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 Consumer Law and Economics written by Klaus Mathis and published by Springer Nature. This book was released on 2020-08-31 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.
Download or read book Evidence Proof and Judicial Review in EU Competition Law written by Fernando Castillo de la Torre and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.
Download or read book Evidence Standards in EU Competition Enforcement written by Andriani Kalintiri and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.
Download or read book The EEA and the EFTA Court written by EFTA Court and published by Bloomsbury Publishing. This book was released on 2014-11-27 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.
Download or read book Law and Economics in Europe written by Klaus Mathis and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.
Download or read book The Interplay between European and National Competition Law after Regulation 1 2003 written by Lúcio Tomé Feteira and published by Kluwer Law International B.V.. This book was released on 2015-12-08 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the exception to the convergence rule in Article 3(2) of Regulation 1/2003, and the consequent effect on both legal practice and policy issues. In this lucidly argued book, focusing on national competition provisions in Germany, France, Italy, and the United Kingdom that deal with such conduct, the author provides a detailed examination of how such considerations as the following are affected by Regulation 1/2003: - prohibition of abuse of economic dependence or superior bargaining power; - the particular susceptibility of long-term contracts; - prohibition of resale at a loss or below cost; - prohibition of boycott, unlawful pressures, threats, and other coercive tactics adopted by undertakings; and - the role of unfair competition law. The analysis follows a functional method of comparative legal analysis, reviewing the most relevant norms in the selected jurisdictions, particularly in what concerns their goals and function in the context of their respective legal systems. Special attention is paid to two specific sectors – the motor-vehicle and the retailing industries – which have most often triggered relevant legislation and case law in the jurisdictions covered. Legal scholarship in the field is also drawn upon. In its clarification of the meaning of Regulation 1/2003, this book allows practitioners to fully grasp its scope. The author's thorough, masterful analysis of the statutory framework of Article 3 of the regulation also reveals the variety of reasons why different Member States have different competition policies on the scope of the exception to the rule of convergence, and in this way provides lawyers, policymakers, and academics with welcome insights on how major EU jurisdictions apply European competition law.
Download or read book Droit Des Aides D etat Dans la CE written by Francisco Santaolalla Gadea and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: A uniquely important contribution to the debate on EC State aid, this book captures the direct knowledge and experience of twenty-six current and former Commission State aid litigators, offering detailed 'insider' analysis of EC State aid court cases, as well as related internal legal issues, between 1994 and 2008. The book brings together both legal and economic analysis, with detailed reflections on aspects of both substantive legal rules and procedural law. It also offers, over and above the specific interest of the contributions it contains, invaluable insights into the working methods of the Commission Legal Service. This collaborative work was conceived and realized by its authors as a mark of recognition, and a gesture of respect and friendship, for Francisco Santaolalla, on the occasion of his retirement from the Commission after fourteen years' service as Director of the State aid team. Among the many legal and economic forces affecting State aid litigation, the authors focus on such factors as the following:A {exports;A {private investment;A {role of economic analysis;A {ecotaxes;A {privatization;A {remedies;A {existing aid;A {third parties;A {actions against State aid decisions;A {national court decisions;A {fiscal discipline; andA {WTO subsidies law. In illuminating the underlying issues, and describing how they are handled by the Commission Legal Service, the authors shed light on the likely future development of State aid law. The book will be of particular interest to antitrust practitioners as well as academics
Download or read book Courts Regulators and the Scrutiny of Economic Evidence written by Despoina Mantzari and published by Oxford University Press. This book was released on 2022-09-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts. This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be. Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.
Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2011-01-29 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.
Download or read book National Courts and the Standard of Review in Competition Law and Economic Regulation written by Oda Essens and published by Europa Law Publishing. This book was released on 2009 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a comparative perspective, this book deals with the question of the impact of European law, especially the Tetra Laval case-law, on the standard of review applied by national courts in the area of competition law and economic regulation. The book is a follow-up to the conference on 'Judicial review in competition law and economic regulation, ' held by the Europa Institute at Utrecht on May 23-24, 2008. It contains contributions by academics and practitioners from EU Member States and from European institutions. The book analyzes the differences and the similarities between the crucial concepts related to judicial review and the way judicial review functions in practice in different EU Member States. It examines the question as to whether a more common approach towards judicial review is needed, and if so, how this can be achieved
