Download or read book Protecting the Freedom of Competition Vs More Economic Approach The Evolution of the Normative Foundations of European Competition Policy Wettbewerbsfreiheit Und More Economic Approach written by Oliver Budzinski and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The more economic approach of European competition policy entails the implementation of a new (normative) conceptual approach of antitrust policy: decisions become more strongly focused on short-run and quantifiable price and quantity effects. This paper contributes to the widespread discussion whether this efficiency-orientation stands in contrast to the idea of protecting the freedom of competition as the prerequisite of (in the long-run) sustainable competitive markets (freedom approach). Despite finding considerable scope for compatibility of the two approaches, the paper identifies as the main difference the underlying assumptions about the predictability, computability and measurability of competitive processes: while the more economic approach (implicitly) assumes that - with the help of modern economic techniques and instruments like econometrics and simulations - future market equilibria can be calculated and predicted ex ante to a considerable extent, the freedom approach expects competitive processes to be less accessible for predictive quantitative analysis, or, in other words, a lower degree of reliability of quantitative predictions. Therefore, the freedom approach assumes extensive case-by-case analysis to produce a higher frequency of the occurrence of error types I and II compared to more general rules, whereas the more economic approach assumes the opposite.
Download or read book The Goals of Competition Law written by Daniel Zimmer and published by Edward Elgar Publishing. This book was released on 2012 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare. The book brings together contributions on the relevance of different welfare standards, on the concept of 'freedom to compete' and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as mar.
Download or read book The Historical Foundations of EU Competition Law written by Kiran Klaus Patel and published by Oxford University Press, USA. This book was released on 2013-07-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.
Download or read book Restrictions of EU Competition Law in the Digital Age written by Bernadette Zelger and published by Springer Nature. This book was released on 2023-06-28 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
Download or read book The Role of Economic Analysis in EU Competition Law the European School Fourth Edition written by Doris Hildebrand and published by International Competition Law. This book was released on 2016 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Competition Law Series Volume 66 The Role of Economic Analysis in EU Competition Law, Fourth Edtionand in its revised and updated fourth edition, explores the full spectrum of the development of European economic approach in competition law. Almost two decades after the arrival of the and‘more economics based approachand’ to EU competition law, this economic school of thought, the European School, has been properly defined and is now in general used among competition law practitioners and their government counterparts. This approach, studied by Doris Hildebrand since the first edition of this now-classic work, implements the European cornerstones of the social market economy concept such as freedom of contract, social fairness, and the equality principle. In this edition, the author uncovers its multiple rationales as it has gradually formulated the legal principles of and‘competition economicsand’ that have come to underlie all matters related to Article 101 (1), Article 101 (3), Article 102, the Merger Regulation, and the State Aid provisions. As in previous editions, the bookand’s interdisciplinary approach integrates law and economics in such a way that economics in competition proceedings becomes easier to understand for lawyers not trained in economic theory or economic school of thoughts. It offers an in-depth description of and‘European Schooland’ theories and applications, particularly with respect to vertical and horizontal agreements. In addition, the book provides solid guidance on the definition of the relevant antitrust markets, with a detailed description of the hypothetical monopolist test. Whatand’s in this book: Among the fundamental elements discussed are the following: application of economics in the competition test as developed by the EU Courts; concrete economic analysis companies need to perform in order to qualify for an exemption; test procedures to assess whether a certain behaviour constitutes an abuse under Article 82; various methodologies to define markets; contrasting the European and Chicago schools; practical implementation of the EU social market economy objective in EU competition law; workable competition vs. effective competition; changes in the enforcement system; use of evidence in market definition practice; State Aid provisions; and empirical techniques used to evaluate a merger. All significant cases contributory to the development of European competition economics are discussed and analysed in detail. and‘The Frameand’, the first chapter that has been included in this edition, clearly demonstrates all the ways in which EU competition policy represents an essential foundation of the EU. Moreover and‘The Frameand’ elaborates that the social market economy objective as defined in the Lisbon Treaty is, from the economic perspective, the appropriate benchmark in any EU competition law assessment. This benchmark requires a holistic approach by taking into account and‘utilitiesand’ of EU citizens instead of focusing on price elements only. How will this help you: This new updated and revised edition has been greatly anticipated and will be widely welcomed. The book helps to develop expertise in applying the and‘more economics based approachand’ by citing the relevant case law. Competition lawyers, corporate in-house counsel, competition authorities, and courts will appreciate the bookand’s clear, understandable discussion of the relevant European competition theory, authoritative guidance on the application of economic analysis, and practical insight in dealing with these subjects in real-world cases. and
Download or read book The Foundations of European Union Competition Law The Objective and Principles of Article 102 written by Renato Nazzini and published by . This book was released on 2018 with total page 0 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 Politics of European Competition Regulation written by Hubert Buch-Hansen and published by Routledge. This book was released on 2011-03-07 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the political power struggles that have shaped the evolution of European competition regulation over the past six decades
Download or read book Between Competition and Free Movement written by Julio Baquero Cruz and published by Hart Publishing. This book was released on 2002-08-04 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length treatment of the interaction and gaps between the free movement and competition rules of the EC Treaty.
Download or read book The Future of EU Competition Policy written by Edward Bannerman and published by . This book was released on 2002 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the chief enforcer of EU competition policy, the European Commission can make or break the world's biggest companies. Edward Bannerman argues that the Commission should hand over many of its powers to a European Competition Agency, to protect anti-trust investigations from political pressure.
Download or read book European Competition Law and Economics written by Roger van den Bergh and published by . This book was released on 2006 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Form Effects Or Both The More Economic Approach and the European Commission s Decision in Google Search written by Carsten Koenig and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proponents of a 'more economic approach' (MEA) to EU competition law criticise the case law on abuse of dominance as overly form-based - i.e. as being built on categorizations rather than case-specific assessments of actual competitive effects. While the Commission has largely accepted this criticism, the EU Courts are said to be sceptical about effects-based assessments of Article 102 TFEU cases. This could pose a problem for the Commission's recent decision in Google Search, which primarily relies on effects, not form. However, it is argued in this article that the Courts' reluctance in this matter is mainly driven by worries about the effective enforcement of competition law. Thus, although the Courts have occasionally rejected requiring the Commission to prove effects in addition to the elements of form-based legal tests, it cannot be assumed that they are equally sceptical about relying on effects where such tests are unavailable. In fact, the Courts' treatment of novel abuses, in particular, shows that they do not consider form a defining element of abuse, and that they are open to acknowledgement of competitive effects where these are actually established.
Download or read book Competition Policy in the EU written by Xavier Vives and published by Oxford University Press. This book was released on 2009-08-06 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: " ... product of a conference organized by the Public-Private Sector Research Center of IESE Business School on November 19-20, 2007 ..."--Pref.
Download or read book Absolute Territorial Protection and Competition in the EU written by Alberto Heimler and published by . This book was released on 2014 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust law enforcement against vertical restraints has made great progress since the 1970s, building on the advances in economic thinking. Challenges to vertical mergers are rare and most vertical restraints are not prohibited without an analysis of their anticompetitive effects. Most jurisdictions have moved from the strict judicial and administrative enforcement of the 1960s and 1970s to a more balanced view of vertical relationships and vertical restraints based on economics.There are some exceptions. In the US, tying is still nominally a violation per se, but the courts are requiring a showing of market power. In the EU, absolute territorial restrictions are prohibited by object (under Article 101 TFEU), and in all vertical contracts aiming at creating separate territories, irrespective of the market share of the parties involved, most channels of arbitrage between territories need to be left open. Similarly, absolute territorial restrictions imposed unilaterally are anticompetitive under Article 102 TFEU if they are put in place by a dominant company whether they produce an anticompetitive or a welfare increasing effect. This approach needs to be changed. Agreements and practices leading to territorial protection need to be assessed under an effects-based approach (both when they have their origin from an agreement and from a unilateral conduct). The trade-off between competition and market integration concerns does not exist. The more firms are left free to negotiate their contracts, the more competition is increased and the more convergent the internal market becomes. This extends also to absolute territorial restrictions that have to be analyzed on a case by case basis and under a market power constraint.
Download or read book Competition Policy in Europe written by Johann Eekhoff and published by Springer. This book was released on 2012-11-26 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern industrial states desperately need more competition in order to generate growth and employment. Although the European Union pushed its member states to open several sectors to competition, there is much left to be done. At the same time powerful interest groups try to avoid or to reduce competition on European labour markets, in the health systems, in the transport and energy sector, in public services, and in many other areas. This book shows that there is much to be gained from intensifying competition and that especially consumers would benefit. One task is to lay a sound basis for the application of competition. The other task is to implement and guarantee competition. The authors cover both issues.
Download or read book Competition Policy as Part of Economic Policy in the Common Market written by Hans von der Groeben and published by . This book was released on 1965 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Against Unfair Competition written by Reto Hilty and published by Springer Science & Business Media. This book was released on 2007-07-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.
Download or read book A Principled Approach to Abuse of Dominance in European Competition Law written by Liza Lovdahl Gormsen and published by . This book was released on 2010 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liza Lovdahl Gormsen questions whether the European Commission's objective of consumer welfare over economic freedom in the marketplace is legitimate.
