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 United should We Stand written by João Lúcio Tomé Féteira Dias Santos and published by . This book was released on 2012 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enactment of Regulation 1/2003 radically changed the rules for the application of Art. 101 and Art. 102 TFEU, replacing the existing system of prior administrative authorisation by one of a directly applicable exception coupled with the possibility of national authorities applying Art. 101(3) TFEU. Concerns over substantial consistency in the application of European competition law ("ECL") were the main reason for the introduction of the so-called rule of convergence under Art. 3 of Regulation 1/2003. Although Art. 3 expanded and gave statutory weight to the assertion of supremacy of ECL over national competition law ("NCL"), initially acknowledged in the Walt Wilhelm judgement, it did not rule out completely the possibility of Member States applying stricter NCL to unilateral conduct adopted by undertakings (Art. 3(2) second sentence). Prima facie, the exception would cover national provisions prohibiting the abuse of economic dependence/superior bargaining power, resale below cost/at a loss, as well as some types of unilateral conduct not related to economic dependence (e.g. boycott). An inquiry into four selected jurisdictions (France, Germany, Italy and the UK) reveals that not all national provisions whose primary goal is "the protection of competition on the market" (Rec. 9 of Regulation 1/2003) should be taken as a legitimate manifestation of plurality compatible with the concerns over substantive consistency mirrored in Art. 3(2) second sentence. The primary reason for this selective approach is that some national provisions, in particular those that prohibit per se resale below cost/at a loss, want a valid economic rationale for the purpose of competition law. Conversely, other stricter national provisions may be regarded as performing a complementary role vis-à-vis ECL, as it may be the case of the prohibition of economic dependence applied to the automotive and food-supply sectors. Despite the substantial changes introduced by Art. 3 in the relationship between ECL and NCL, Art. 3(2) second sentence can be regarded as a continuation of the case law inaugurated by the Walt Wilhelm judgement, recognising, albeit in more limited terms, that "unitas in diversitate" is an integrating part of competition law.

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 On Free and Fair Competition written by Lúcio Tomé Feteira and published by . This book was released on 2018 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the increasingly market-friendly approach to unfair competition law (UCL) adopted by EU law, the protection of competitors from unfair trading practices (B2B) remains a salient feature in certain jurisdictions. Such a feature can be the source of tension with European law on at least two accounts: on the one hand, the harmonisation of unfair competition at the EU level and its (un)intended constraining effects upon national regulation of B2B commercial practices; on the other hand, the convergence of national competition laws under Article 3 of Regulation no. 1/2003 vis-à-vis unfair unilateral conduct adopted by non-dominant undertakings. Behinds such tension stands an indirect conflict (diagonal conflict) between EU and national law that is highly, though not exclusively, dependent upon the national approach to UCL. This contribution deals with these topics in two separate parts that can be read as independent pieces depending on the reader's interests and patience. The first part (I-III) consists of a comparative analysis of three (for the time being) Member States (the UK, France and Germany) whose legal systems (British common law, and French and German law) can be taken as having paradigmatic interest in what concerns different takes on unfair competition and, consequently, on the interplay between the latter and competition law. The second part (IV and V) will address the impact of EU law on the previous topics, focussing on the Europeanisation of UCL through the Unfair Commercial Practices Directive (UCPD) and the convergence of national competition laws brought about by Regulation no. 1/2003. One of the conclusions to be drawn is, it seems, that the combined effect of these two layers of EU law does not favour the protection of competitors from B2B unfair commercial practices, nor does it look too kindly upon an integrated approach to unfair competition and competition law.

Download or read book Competition Law in the EU written by Johan W. van de Gronden and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also emphasises the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks.

Download or read book European Competition Law written by Lennart Ritter and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt: No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalisation, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep rethinking their practices and procedures and issuing new regulations. Now, in the wake of its highly acclaimed predecessors, the new Third Edition of European Competition Law offers the practitioner everything required to act in accordance with the latest developments in the field. Along with the thorough guide to continuing practice that its readers have come to expect, European Competition Law in its Third Edition fully covers such areas as the following: the Commission's new assessment of distribution practices and vertical restraints, in particular the block exemptions granted by Regulations 2790/1999 and 1400/2002; procedure before national competition authorities and national courts for enforcement of European rules under Regulation 1/2003; the new Merger Control Regulation in force as of 1 May 2004; the new Transfer of Technology Regulation; and, the increased fines for hard-core cartel practices or abuse of dominant market position. The Third Edition is remarkable in that it actually previews the substantive and procedural rules that will be coming into effect during 2004 and subsequent years. And, like prior editions, the work has no peer in its coverage of past administrative practice and the case law of the Court of Justice. All in all, European Competition Law, Third Edition, will be of immeasurable value to practitioners who need to keep informed about how EC competition laws are applied, so they can continue to render practical, meaningful advice to firms whose agreements, transactions and conduct in the marketplace are governed by competition rules.

Download or read book Boosting the Enforcement of EU Competition Law at the Domestic Level written by Anne Looijestijn-Clearie and published by Cambridge Scholars Publishing. This book was released on 2017-05-11 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the EU competition law rules in shaping the EU Internal Market can hardly be overstated. The EU substantive rules dealing with cartels, abuse of dominance and State aid have ensured, in the past decades, a much desired unity of the law applied in the diverse European markets. Yet, much of the success of the EU competition law provisions depends on its practical enforcement. The proliferation of competition law enforcement, especially since 2004, stands testimony in this respect. However, this has not come without challenges. In this context, this book aims to critically discuss certain key elements relating to the domestic enforcement of the said rules, in order to place the discussion of further boosting this enforcement exercise in the correct context. This book aims, in this respect, to find an answer to the following question: to what extent would boosting the domestic enforcement of the EU competition law rules aid the ambition of more forceful, better targeted and more resource-efficient EU competition law enforcement in the Internal Market? Topics such as the following are discussed in the contributions included in this book: the sufficiency of the enforcement toolbox of national competition authorities, the interaction between fundamental rights and competition law, and the duties of domestic bodies in this context.

Download or read book Relying on EU Soft Law Before National Competition Authorities written by Oana Andreea Stefan and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Instruments deprived of legally binding force according to Article 288 TFEU -- notices, guidelines, communications, etc. -- have been issued in EU competition law since the 1960s. Bearing a vast variety of names and coming in different forms, all these instruments can be gathered under the umbrella notion of "soft law." As experienced in international law contexts, the legal or practical effects that soft law can produce in the absence of legally binding force remain rather unclear, which makes the enforceability of such instruments problematic. This is particularly worrying given the current system of EU competition law enforcement. Following Regulation 1/2003, the enforcement of EU competition law occurs in a multi-level setting, with cases being dealt with at the national or at the European level by authorities organized within the European Competition Network ("ECN"). In this context, national competition authorities, national courts, and the European Commission are all called to apply EU Treaty provisions and EU secondary legislation to competition cases. However, while the European Commission is required to observe EU notices and guidelines in the cases it deals with, no such obligation exists for national competition authorities. This might result in inequality of treatment alongside the ECN, as individuals involved in cases decided at the central level may expect guidelines and notices to apply, but are not entitled to expect the same should their case be treated nationally. In the recent Expedia case the Court of Justice of the European Union ("CJEU") failed to address this inequality, while favoring a large margin of discretion and autonomy for national competition authorities in the enforcement of EU law. The case exposes the tension between, on the one hand, the need to accommodate diversity in the enforcement of EU competition rules by respecting the autonomy of national competition authorities operating within the ECN and, on the other hand, the imperative to preserve legal certainty for individuals, as well as effectiveness and consistency in the application of EU law.

Download or read book Accession to the EU s Competition Law Regime written by Kati Cseres and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law has always formed a core pillar of the European integration process and so it was among the crucial EU requirements set for the candidate countries. Competition law had a significant influence on the way competition laws and institutions were shaped in the candidate countries. In the pre-accession phase this was due to conditionality, however once conditionality terminates and candidate countries become Member States they fall under the EU law and its governance mechanisms, in competition law under Regulation 1/2003. While pre-accession rule transposition is well documented and closely monitored by the EU in its Regular Reports on the candidate countries, the EU's internal governance mechanisms are less visible and have not been examined in the light of its external model that developed in the course of its eastward enlargement. In EU competition law such internal mechanisms have developed within the framework of Regulation 1/2003. These post-accession compliance mechanisms are critical both with regard to the effectiveness of the EU's external governance and the internal system of Regulation 1/2003. The aim of this paper is to analyse the interplay between the EU's external (pre-accession) and internal (post-accession) governance model in the field of competition law and to arrive at a deeper understanding of the EU's Europeanization strategy at the intersection of the external and internal governance models. Accordingly, the paper maps the EU's external law and governance model that applies vis-à-vis third countries that wish to join the EU and examines to what extent and how this external model has shaped the EU's internal governance model vis-à-vis its Member States. It analyses the role of Regulation 1/2003 in creating an effective implementation of EU competition law in the Member States and its governance mechanisms that framed the Europeanization process. In order to evaluate the effectiveness of post-accession compliance in the Member States the paper examines the compound procedural framework composed of EU and national administrative rules that underlies and challenges the enforcement of EU competition law and investigates how administrative capacity of the national competition authorities may effect competition law enforcement. This inquiry includes the detailed assessment of the European Competition Network as the EU's main mechanism to monitor compliance of Member States with EU law in the post-accession phase.

Download or read book Bellamy Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.

Download or read book The Interaction of Competition Law and Sector Regulation written by Pier L. Parcu and published by Edward Elgar Publishing. This book was released on 2022-11-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book discusses the interaction of sector-specific regulation and competition policy. In particular, it identifies emerging trends and reflects on the nature of network regulation in the energy and telecom industries.

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 The Transformation of EU Competition Law Next Generation Issues written by Adina Claici and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.

Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.

Download or read book The Consistent Application of EU Competition Law written by Adriana Almășan and published by Springer. This book was released on 2017-01-04 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Download or read book Handbook on European Competition Law written by Damien Geradin and published by . This book was released on 2013-12-13 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: Résumé de l'éditeur: Key features: * Edited by leading academics and an experienced practitioner * Combines both practical insight and scholarly analysis * A rich compendium of commentary and analysis on all the main themes of competition law * Extensive coverage of both substantive, procedural and enforcement issues in two volumes. Handbook on European Competition Law: Substantive Aspects sets the context for examination of substantive law by reviewing and analyzing the goals of competition law. It then covers the substantive building blocks of EU competition law, including horizontal and vertical agreements, cartels, mergers, and also provides valuable coverage of the interaction between competition and regulation, hub and spoke collusion, and information exchange agreements. The importance of the abuse of dominance doctrine is reflected in three discrete chapters considering exploitative abuses, exclusionary pricing abuses, and exclusionary non-pricing abuses. The companion volume, Handbook on European Competition Law: Enforcement and Procedure, sets out in detail the procedural aspects of EU Competition Law, ranging from fines, remedies and judicial review. It also gives unique insight into both private and public enforcement of completion law, and offers commentary on the relationship between EU competition law and national competition law, and on the relationship between competition law and private international law. This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.