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Between Competition And Free Movement


Between Competition And Free Movement
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Between Competition And Free Movement


Between Competition And Free Movement
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Author : Julio Baquero Cruz
language : en
Publisher: Hart Publishing
Release Date : 2002-08-04

Between Competition And Free Movement written by Julio Baquero Cruz and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-04 with Law categories.


This is the first book-length treatment of the interaction and gaps between the free movement and competition rules of the EC Treaty.



Environmental Integration In Competition And Free Movement Laws


Environmental Integration In Competition And Free Movement Laws
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Author : Julian Nowag
language : en
Publisher: Oxford University Press
Release Date : 2016-11-17

Environmental Integration In Competition And Free Movement Laws written by Julian Nowag and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-17 with Law categories.


Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.



Environmental Integration In Competition And Free Movement Laws


Environmental Integration In Competition And Free Movement Laws
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Author : Julian Nowag
language : en
Publisher: Oxford University Press
Release Date : 2016-11-10

Environmental Integration In Competition And Free Movement Laws written by Julian Nowag and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.


Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.



Ec Competition Law


Ec Competition Law
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Author : Alison Jones
language : en
Publisher: Oxford University Press, USA
Release Date : 2008

Ec Competition Law written by Alison Jones and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


Ideal for students taking a course on competition law in its European context, this book guides students through a wide range of carefully selected cases and materials with exceptional analysis and comment. The selection of writings has been chosen to present the most important perspectives on the subject as well as the broader socio-economic context of EC competition law. This third edition has been fully updated with all the recent developments within EC Competition Law since 2004, including coverage of the review of Article 82 and the green paper on damages, as well as further information on US anti-trust law. Each chapter now begins with a 'central issues' section which helps students to focus and direct their learning. Editions are kept up-to-date via an accompanying Online Resource Centre which also contains relevant weblinks and material including an additional chapter on State Aids. Combining the strengths of a modern textbook and traditional materials book, Cases and Materials on EC Competition Law provides a wide-ranging and thorough guide to the study of Competition Law, enabling students to engage with both legal and economic aspects and making it ideal for both under and postgraduate courses on EC Competition Law



Eu Competition Law


Eu Competition Law
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Author : Alison Jones
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

Eu Competition Law written by Alison Jones and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.


A stand-alone guide to competition law, providing extracts from key cases, academic works, and legislation, along with incisive critique and commentary from two experts in the field.



Private Regulation And The Internal Market


Private Regulation And The Internal Market
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Author : Mislav Mataija
language : en
Publisher: Oxford University Press
Release Date : 2016-03-10

Private Regulation And The Internal Market written by Mislav Mataija and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-10 with Law categories.


How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-border transfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation is both important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over their measures becomes broader and moves towards what Mataija describes as 'regulatory autonomy.' This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than on their impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court of Justice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.



The Interface Between Competition And The Internal Market


The Interface Between Competition And The Internal Market
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Author : Vasiliki Brisimi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01

The Interface Between Competition And The Internal Market written by Vasiliki Brisimi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.


This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.



Greening Eu Competition Law And Policy


Greening Eu Competition Law And Policy
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Author : Suzanne Kingston
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-27

Greening Eu Competition Law And Policy written by Suzanne Kingston and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-27 with Law categories.


One of the fundamental challenges currently facing the EU is that of reconciling its economic and environmental policies. Nevertheless, the role of environmental protection in EU competition law and policy has often been overlooked. Recent years have witnessed a shift in environmental regulation from reliance on command and control to an increased use of market-based environmental policy instruments such as environmental taxes, green subsidies, emissions trading and the encouragement of voluntary corporate green initiatives. By bringing the market into environmental policy, such instruments raise a host of issues that competition law must address. This interdisciplinary treatment of the interaction between these key EU policy areas challenges the view that EU competition policy is a special case, insulated from environmental concerns by the overriding efficiency imperative, and puts forward practical proposals for achieving genuine integration.



State Aid And The European Economic Constitution


State Aid And The European Economic Constitution
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Author : Francesco de Cecco
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-12-14

State Aid And The European Economic Constitution written by Francesco de Cecco and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-14 with Law categories.


Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.



Judicial Authority In Eu Internal Market Law


Judicial Authority In Eu Internal Market Law
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Author : Vilija Velyvyte
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-17

Judicial Authority In Eu Internal Market Law written by Vilija Velyvyte and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-17 with Law categories.


This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023