Competition Law In Times Of Crisis
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Competition Law In Times Of Economic Crisis In Need Of Adjustment
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Author : Jacques Derenne
language : en
Publisher: Primento
Release Date : 2013-12-02
Competition Law In Times Of Economic Crisis In Need Of Adjustment written by Jacques Derenne and has been published by Primento this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-02 with Law categories.
Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes. A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful. A “relaxed” stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal periods. It has also been argued that, when public resources are stretched to the limit and businesses are struggling to survive, competition authorities should seek to focus their limited resources on those anticompetitive practices which are most detrimental to consumer welfare such as cartels. Indeed, if over-enforcement is perhaps undesirable when the economy is functioning well, it will inevitably become more problematic during an economic downturn. In addition, business managers may be increasingly tempted to resort to anticompetitive practices when faced with economic hardship. This book will appeal to judges and lawyers in competition law, European law, business/corporate law and insolvency law ; the study of European competition law, European institutions, national competition authorities, and companies.
Competition Law In Times Of Economic Crisis In Need Of Adjustment
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Author : Global competition law centre. Annual conference
language : en
Publisher:
Release Date : 2013
Competition Law In Times Of Economic Crisis In Need Of Adjustment written by Global competition law centre. Annual conference and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Antitrust law categories.
Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes. A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful. A "relaxed" stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal periods. It has also been argued that, when public resources are stretched to the limit and businesses are struggling to survive, competition authorities should seek to focus their limited resources on those anticompetitive practices which are most detrimental to consumer welfare such as cartels. Indeed, if over-enforcement is perhaps undesirable when the economy is functioning well, it will inevitably become more problematic during an economic downturn. In addition, business managers may be increasingly tempted to resort to anticompetitive practices when faced with economic hardship. This book will appeal to judges and lawyers in competition law, European law, business/corporate law and insolvency law ; the study of European competition law, European institutions, national competition authorities, and companies.
Competition Law In Times Of Crisis
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Author : Conor Talbot
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-12-11
Competition Law In Times Of Crisis written by Conor Talbot 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 2018-12-11 with Law categories.
This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition law, the existence of identifiable baselines applicable in crisis conditions, the ability and role of national competition authorities in applying competition law, and the ways in which the European Commission’s overarching policy goals can influence the application of competition law. The decision to take an empirical approach to this research project stems from a conviction that an investigation into the real world situations faced by firms and consumers should underpin the evaluation of the applicable legal rules. Over the past number of years, the Commission has exerted more and more influence over the development of the regional and global airline industry, and this book identifies the emergence of an apparent overarching aim on the part of the Commission to create a market with a handful of ultra-competitive airlines with international reach serviced by an array of smaller feeder airlines on a regional basis. The study of Irish beef processing, on the other hand, identifies a high level of government involvement in providing the strategic thinking behind a crisis cartel scheme, and then demonstrates how the economic context exerted considerably more pressure on the government and the national court than on the competition authorities involved.
The Evolving Governance Of Eu Competition Law In A Time Of Disruptions
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Author : Carlo Maria Colombo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-08
The Evolving Governance Of Eu Competition Law In A Time Of Disruptions written by Carlo Maria Colombo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-08 with Law categories.
This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.
New Frontiers Of Antitrust 2013
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Author :
language : fr
Publisher: Primento
Release Date : 2013-11-08
New Frontiers Of Antitrust 2013 written by and has been published by Primento this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-08 with Law categories.
This volume contains the papers presented at the annual Concurrences Journal conference held on 22 February 2013 at the French Parliament. After a key note paper from Commissionner Joaquin Almunia on the state of competition policy enforcement in the EU in 2013, the papers adress four main issues : • Opening competition in protected sectors: Should new entrants be protected? • Personal data: Will competition law collide with privacy? • Private enforcement: Will the wave be coming from Brussels, London, Paris or… elsewhere? • Industrial policy: Can a pro-competition industrial policy exist? The volume ends by a contribution of Fleur Pellerin on innovation and competition.
Competition Law In Crisis
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Author : Bruce Wardhaugh
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-18
Competition Law In Crisis written by Bruce Wardhaugh 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 2022-08-18 with Law categories.
This book examines the application of EU competition law to past, present, and future economic crises.
Faireconomy Crises Culture Competition And The Role Of Law
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Author : Philipp Hacker
language : en
Publisher:
Release Date : 2016
Faireconomy Crises Culture Competition And The Role Of Law written by Philipp Hacker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
This synopsis contains excerpts from and novel introductions to the four chapters constituting “FairEconomy. Crises, Culture, Competition and the Role of Law”, a monograph co-authored and published by the late Wolfgang Fikentscher, Philipp Hacker and Rupprecht Podszun in 2013. In honor and continuation of Wolfgang Fikentscher's unwavering commitment to open access to scholarship, we are thus presenting the most relevant parts and arguments of the book in universally accessible format, with the kind permission of the publisher.In the first chapter, we draw on anthropology and economic theory to show that (i) the chief objective of “the economy” is to fulfill basic human needs and that (ii) it is currently far from achieving this aim. We suggest that, not only but also in response to the financial crises haunting the global economy, a reorientation toward the necessary normative foundations of the economy is in order; a reorientation that includes a commitment to fairness as a key concept to build trust, structure economic interactions, and distribute surplus. We trace legal concepts operationalizing the subjective right to a fair economy in Western legal history in order to show that the economy is never simply natural or emergent, but always instituted by a complex web of legal, political and cultural arrangements that demand particular attention - and readjustments - in times of crises. In the following two chapters, we spell out the content of FairEconomy in competition law and securities regulation, the two crucial domains for the regulation of contemporary economic activity. The final chapter offers perspectives on global institutions for the enforcement of fairness-oriented norms in market transactions.
International Insolvency And Finance Law
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Author : Daniele D'Alvia
language : en
Publisher: Routledge
Release Date : 2022-01-24
International Insolvency And Finance Law written by Daniele D'Alvia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-24 with categories.
Focusing on the Global Financial Crisis and the Covid-19 crisis, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate and constitute the basis through which a new theory of legal constants can be introduced in comparative law.
Antitrust Law Amidst Financial Crises
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Author : Ioannis Kokkoris
language : en
Publisher:
Release Date : 2010
Antitrust Law Amidst Financial Crises written by Ioannis Kokkoris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Antitrust law categories.
This title addresses whether the risks of a systemic crisis to an entire market can justify the adoption of a more lenient approach to established standards in competition enforcement. It provides a valuable practical guide for policy makers as well as practitioners in the field of competition policy.
International Insolvency And Finance Law
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Author : Daniele D'Alvia
language : en
Publisher: Routledge
Release Date : 2022
International Insolvency And Finance Law written by Daniele D'Alvia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses' survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an "uncodified-codification" of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.