Download or read book State Monopolies Under EC Law written by Françoise Blum and published by Wiley. This book was released on 1998-04-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has strict laws, embodied in the EC Treaty and in particular Article 90, on the conduct of competition within Europe, in order to ensure that monopolies are not allowed to distort competition. The rules of the Treaty are complemented by directives dealing with the main utility sectors. State Monopolies Under EC Law, which is in two Parts, takes the reader through this law relating to state monopolies, its application and its development. Part 1 details the legal position of state monopolies under Article 90 and associated Articles, and discusses the relevant case law with particular reference to the important decisions of Sacchi, Terminal Equipment and Corbeau. Part 2 gives provides an in-depth analysis on the application of this law as it affects specific utility sectors, in particular: * energy * telecommunications * broadcasting * postal * transport In conclusion, State Monopolies Under EC Law provides a vital guide to both Article 90 and its application for lawyers, corporate and industry advisers and EC consultants.
Download or read book Exclusive Rights and State Monopolies Under EC Law written by Jose Luis Buendia Sierra and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The understanding of Article 86 (formerly 90) of the EC Treaty is vital to competition lawyers working in Europe. The author provides a detailed examination of this Article and the law concerning exclusive rights and State monopolies.
Download or read book Exclusive rights and state monopolies under EC law written by José Luis Buendía Sierra and published by . This book was released on 1999 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exclusive Rihts and State Monopolies Under EC Law written by José Luis Buendía Sierra and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exclusive Rights and State Monopolies Under EC Law written by José Luis Buendia Sierra and published by . This book was released on 1999 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The understanding of Article 86 (formerly Article 90) of the EC Treaty is vital to any competition lawyer working in Europe. Writing with first-hand experience of dealing with Article 86 cases at DG IV, the author provides the first such detailed examination of this Article and the lawconcerning exclusive rights and State monopolies. Clearly written, with penetrating analysis of the relevant case-law, this study pays attention to all the key areas including: the definition of 'exclusive rights' and 'economic activities', the remedial possibilities offered by the often neglectedArticle 31(formerly Article 37), the application of Article 86(1) in conjunction with the competition rules (Article 82 (formerly Article 86)), proportionality in the context of Article 86(2) and decisions and directives under Article 86(3) and their relationship with harmonization directives. Withpractical insights and intelligent solutions to many of the problems posed by the applications of these rules, Exclusive Rights and State Monopolies under EC Law will become an indispensible work for all practitioners in this field.
Download or read book The Liberalization of State Monopolies in the European Union and Beyond written by Damien Geradin and published by Springer. This book was released on 2000 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the many legal and economic challenges emerging from the liberalization process engaged by the European Community with respect to state monopolies. It is divided into three parts. Taking a sectoral approach, the first part is devoted to expert analyses of the liberalization measures adopted by the Community in the areas of telecommunications, postal services, energy and air and rail transport. The objective is to provide a detailed and up-to-date review of the most significant developments that have taken place in these key industry sectors. The second part deals with more conceptual issues, such as the impact of the liberalization process on consumer protection and public service obligations. It also analyzes the main issues emerging from the creation of `strategic alliances' in the telecommunications and aviation sectors. The third part takes a comparative and international law perspective. It examines the extent to which monopolies have been opened to competition in the United States and the lessons which may be drawn from the American experience. It also discusses the liberalization measures negotiated in the framework of the World Trade Organization, with a special reference to the agreement recently concluded in the area of telecommunications. The papers written in the book are by leading experts on state monopolies, and take a pluridisciplinary approach covering not only legal but also economic and political science issues.
Download or read book The Regulation of the State in Competitive Markets in the EU written by Erika Szyszczak and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.
Download or read book The Art of Regulation written by Christian Koenig and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, EU market regulation measures have been introduced in the pursuit of economic justice and welfare. This book illustrates how regulation can help to prevent the abuse of dominance, in particular the abuse of public capital by the state.
Download or read book Structure and Effects in EU Competition Law written by Basedow and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade the European Commission has progressively adopted what is called a andmore economic approachand toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these andnewand methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionands State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the andmore economicand approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherands discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.
Download or read book State and Market in European Union Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2009-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
Download or read book A Treatise on the Law of Monopolies and Industrial Trusts written by Charles Fisk Beach and published by . This book was released on 1898 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Entrepreneurship National Monopolies and European Community Law written by and published by . This book was released on 1993 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Firm Dominance in EU Competition Law written by Jorge Marcos Ramos and published by Kluwer Law International B.V.. This book was released on 2020-02-20 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union’s (EU’s) Article 102 case law, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed – today’s tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power—that a dynamic understanding of dominance requires looking both forwards and backwards in time—the author examines such sources of dominance as the following: ‒ statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; ‒ legacy firms such as the telecommunications or transport industries; ‒ natural monopolies, e.g., the exploitation of a mine; ‒ investment efforts undertaken in a competitive environment; ‒ intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; ‒ lucky monopolies; and ‒ anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competition law enforcement should be fine-tuned to adequately incorporate the origins of firm dominance into the analysis of single-firm behavior, the book makes a major contribution to the analysis of anticompetitive effects. Practitioners, competition authorities, and academics in competition law will greatly appreciate the book’s combination of legal analysis and recommendations for policy reform.
Download or read book The Regulation of the State in Competitive Markets in the EU written by Erika M. Szyszczak and published by . This book was released on 2007 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alcoholic Goods and Sweden written by Graham Butler and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nordic states have a long history of using state monopolies to control the retail sale of alcoholic goods. Systembolaget – Sweden’s state-owned monopoly regarding the retail sale of alcoholic goods – is culturally and politically deeply anchored in society. However, as an EU Member State, Sweden must act within the bounds of EU law, and state monopolies generally conflict with the free movement of goods. The Court of Justice of the European Union (CJEU) was presented with the issue soon after the state’s accession, in the Franzén case. It ruled that Systembolaget was compatible with the internal market, provided that the principle of non-discrimination is respected. In the 25 years since that judgment was handed down, Systembolaget and Sweden’s wider state alcohol policy have changed significantly. Meanwhile, the jurisprudence of the CJEU on state monopolies today places greater weight on the free movement of goods, and less on the specific provision regarding state monopolies. If Systembolaget came under scrutiny today, would the CJEU find that changes to national law in Sweden are now in breach of the EU Treaties? In other words: does the lifeline that the CJEU threw Sweden and its state monopoly, more than two decades ago, still exist?This report by Graham Butler seeks to answer that question by examining the recent case law of the CJEU, and the recent history of the Swedish state monopoly on the retail sale of alcoholic goods. In publishing it, the aim is to provide a legal perspective on an ongoing political debate in Sweden with a distinct EU dimension, shedding light on an issue where Member State policies and the internal market inevitably meet – and often collide.
Download or read book The Law of Combinations Embracing Monopolies Trusts and Combinations of Labor and Capital written by Arthur Jerome Eddy and published by . This book was released on 1901 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Foreign Legislation Concerning Monopoly and Cartel Practices written by United States. Department of State and published by . This book was released on 1952 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
