Boosting The Enforcement Of Eu Competition Law At The Domestic Level
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Boosting The Enforcement Of Eu Competition Law At The Domestic Level
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Author : Anne Looijestijn-Clearie
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2017-05-11
Boosting The Enforcement Of Eu Competition Law At The Domestic Level written by Anne Looijestijn-Clearie and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-11 with Law categories.
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.
Landmark Cases In Competition Law
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Author : Barry Rodger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-12-01
Landmark Cases In Competition Law written by Barry Rodger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-01 with Law categories.
It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.
Economic Evidence In Eu Competition Law
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Author : Mitja Kovač
language : en
Publisher:
Release Date : 2016
Economic Evidence In Eu Competition Law written by Mitja Kovač and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Antitrust law categories.
The use of economic theory and economic evidence in competition cases, their appropriate interpretation, meaning, impact, usefulness and validity are among the most challenging issues that judges and legal practitioners are facing in their daily decision-making. Notorious questions of, for example, how courts, practitioners and other decision-making bodies should employ economic evidence and what weight (and credibility) should be attached to such evidence where different experts offer different suggestions are among the most complex ones. This book, while addressing such questions, provides tools for judges, scholars and legal practitioners to employ economic evidence in a more effective, optimal and predictable way so as to overcome the identified, EU-wide obstacles in enforcing current EU competition law. This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries. The book features scholars who are experts in the field of competition law and economics as well as several of the most prominent European judges who provide first-hand information on the use of economic evidence in practice. The book is not limited to a particular subfield of competition law, but covers the area of competition law at large, including state aid. This reflects the fact that also the European Commission has gradually expanded the application of the economic approach to all areas of competition law. 'What role does economics play in cases of competition law? What role could it play? And what role should it play? But do scholarly experts and judges agree on these viewpoints? In this book an impressive variety of topics is covered and surprising insights are gained. Thus it really covers recent and partly controversial developments in the EU regarding the handling of competition law cases on a national as well as an EU level - something experts in the field must not miss. 'Wolfgang Weigel, Chair, The Joseph von Sonnenfels Center for the Study of Public Law and Economics and Department of Economics, University of Vienna' Economics is the study of scarcity. Law is the study of rights. Unfortunately, law and economics scholarship that is practical and focused on problems from the courtroom is scarce. This volume makes it right. It combines the legal experience of experts and judges in several European countries and the rigor of economics. The result is an indispensable tool for anyone interested in EU competition law. 'Shai Dothan, Associate Professor of International and Public Law, iCourts -the Centre of Excellence for International Courts, Faculty of Law, University of Copenhagen. 'The rapid growth and increasing importance of EU Competition Law have thrown up, in a context of decentralised interpretation and enforcement, questions of the extent to which economic theory and evidence should be employed by national authorities. This rich collection of essays provides diverse but also fascinating answers to those questions, ranging from the practical and pragmatic to the speculative and theoretical. It is all the more valuable because the authors are drawn from the judiciary as well as the academic world. Clearly the book is essential reading for all concerned with EU Competition Law. 'Anthony Ogus, Emeritus Professor of Law, Universities of Manchester and Rotterdam.
Populism And Antitrust
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Author : Maciej Bernatt
language : en
Publisher: Cambridge University Press
Release Date : 2022-02-24
Populism And Antitrust written by Maciej Bernatt 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 2022-02-24 with Law categories.
Populism and Antitrust examines the influence of populism on competition law and shows how populism can lead to illiberal changes.
Competition Law In The Eu
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Author : Johan W. van de Gronden
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
Competition Law In The Eu written by Johan W. van de Gronden and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
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.
Law Enforcement By Eu Authorities
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Author : Miroslava Scholten
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-11-24
Law Enforcement By Eu Authorities written by Miroslava Scholten and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-24 with SOCIAL SCIENCE categories.
EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
Research Handbook On The Enforcement Of Eu Law
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Author : Miroslava Scholten
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-09-06
Research Handbook On The Enforcement Of Eu Law written by Miroslava Scholten and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-06 with Law categories.
This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.
An Introduction To Eu Competition Law
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Author : Moritz Lorenz
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-25
An Introduction To Eu Competition Law written by Moritz Lorenz 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 2013-04-25 with Law categories.
Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.
Making Markets Work For Africa
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Author : Eleanor M. Fox
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Making Markets Work For Africa written by Eleanor M. Fox 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 2019 with Law categories.
This is a book on market law and policy in sub-Saharan Africa. It shows how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and raise the standard of living for their people while preserving their values of inclusive development. It studies particular countries and particular regions, delving deeply into the facts.
Comparative Competition Law
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Author : John Duns
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
Comparative Competition Law written by John Duns and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with Law categories.
Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.