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Fairness In Eu Competition Policy Significance And Implications


Fairness In Eu Competition Policy Significance And Implications
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Fairness In Eu Competition Policy Significance And Implications


Fairness In Eu Competition Policy Significance And Implications
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Author : Damien Gerard
language : en
Publisher: Bruylant
Release Date : 2020-06-03

Fairness In Eu Competition Policy Significance And Implications written by Damien Gerard and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-03 with Law categories.


The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.



Fairness In Eu Competition Policy Significance And Implications An Inquiry Into The Soul And Spirit Of Competition Enforcement In Europe


Fairness In Eu Competition Policy Significance And Implications An Inquiry Into The Soul And Spirit Of Competition Enforcement In Europe
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Author :
language : en
Publisher:
Release Date : 2020

Fairness In Eu Competition Policy Significance And Implications An Inquiry Into The Soul And Spirit Of Competition Enforcement In Europe written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.


This volume discusses what is the core objective - the ultima ratio - of EU competition policy against the background of a profound crisis of capitalism.



Fairness In Eu Competition Policy


Fairness In Eu Competition Policy
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Author : College of Europe (Bruges, Belgium). Global Competition Law Centre. Annual Conference
language : en
Publisher:
Release Date : 2020

Fairness In Eu Competition Policy written by College of Europe (Bruges, Belgium). 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 2020 with Restraint of trade categories.




Coherence Between Data Protection And Competition Law In Digital Markets


Coherence Between Data Protection And Competition Law In Digital Markets
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Author : Klaudia Majcher
language : en
Publisher: Oxford University Press
Release Date : 2023-10-09

Coherence Between Data Protection And Competition Law In Digital Markets written by Klaudia Majcher 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 2023-10-09 with Law categories.


In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.



Jones And Sufrin S Eu Competition Law


Jones And Sufrin S Eu Competition Law
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Author : Alison Jones
language : en
Publisher:
Release Date : 2019

Jones And Sufrin S Eu Competition Law written by Alison Jones and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team.



Competition Law


Competition Law
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Author : Richard|Bailey Whish (David)
language : en
Publisher: Oxford University Press
Release Date : 2024

Competition Law written by Richard|Bailey Whish (David) 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 2024 with categories.




Competition Law And Big Data


Competition Law And Big Data
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Author : Beata Mäihäniemi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28

Competition Law And Big Data written by Beata Mäihäniemi 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 2020-02-28 with Law categories.


In this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.



Jones And Sufrin S Eu Competition Law


Jones And Sufrin S Eu Competition Law
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Author : Brenda Sufrin
language : en
Publisher: Oxford University Press
Release Date : 2023

Jones And Sufrin S Eu Competition Law written by Brenda Sufrin 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 2023 with Law categories.


The complete guide to EU competition law, combining key primary sources with expert author commentary.The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author teamNew to this Edition:Full analysis of important developments in competition law and policy since 2019, including relevant case-law, new EU legislation and notices and competition law goalsA comprehensive discussion of the evolving law and policy governing market definition, vertical, horizontal cooperation and sustainability agreementsA new chapter on competition law in the digital economy, incorporating a discussion of the Digital Markets Act



Competition Law And Policy In Digital Markets


Competition Law And Policy In Digital Markets
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Author : Maria Ioannidou
language : en
Publisher: Oxford University Press
Release Date : 2025-03-01

Competition Law And Policy In Digital Markets written by Maria Ioannidou 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 2025-03-01 with Law categories.


The advent of digital technologies has transformed markets and resulted in unprecedented levels of market concentration, with a handful of digital giants controlling the provision of many goods and services. Against these changing market dynamics, Competition Law and Policy in Digital Markets: A Comparative Analysis of the EU and China provides a critical comparative analysis of the application of competition law in digital markets in the EU and China. The book deciphers how these two key competition law jurisdictions apply their respective competition laws against different digital giants and the potential impact of those applications in the evolution of digital markets. This book first maps the characteristics of digital markets and the challenges they raise for competition law enforcement and, second, critically discusses decisional practice and policy developments in the EU and China. The discussion identifies potential competition law problems in the digital economy and covers various types of anti-competitive conduct at the intersection of consumer, data protection and competition law. It also identifies contentious cases, querying whether competition law can act as a gap filler or whether other regulatory tools are better suited to address such problems. Pioneering and timely, Competition Law and Policy in Digital Markets examines the challenges posed to competition law enforcement by these new dynamics. The similarities and divergent approaches between competition law enforcers in the EU and China are examined in a bid to contribute to a more transparent debate between the two.



The European Union S Trade Defence Modernisation Package


The European Union S Trade Defence Modernisation Package
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Author : Patricia Trapp
language : en
Publisher: Springer Nature
Release Date : 2022-01-03

The European Union S Trade Defence Modernisation Package written by Patricia Trapp and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-03 with Law categories.


Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.