Ten Years Of Effects Based Approach In Eu Competition Law
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Ten Years Of Effects Based Approach In Eu Competition Law
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Author : Collège d'Europe (Bruges, Belgique). Global Competition Law Centre. Conférence annuelle
language : en
Publisher:
Release Date : 2013
Ten Years Of Effects Based Approach In Eu Competition Law written by Collège d'Europe (Bruges, Belgique). Global Competition Law Centre. Conférence annuelle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Ten Years Of Effects Based Approach In Eu Competition Law
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Author : Jacques Bourgeois
language : en
Publisher: Primento
Release Date : 2012-12-10
Ten Years Of Effects Based Approach In Eu Competition Law written by Jacques Bourgeois and has been published by Primento this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-10 with Law categories.
One of the key components of the modernization of competition rules has been a radical departure from the previous «form-based» enforcement to a so-called «effects-based» approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre (“GCLC”). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is not only on the enforcement of Articles 101 and 102 TFEU, but also in the file of merger control. Attempts are made to define more precisely the boundaries between anticompetitive object and effect, and to develop adequate safe harbours and presumptions. This book also casts a closer look at the analytical framework, possible theories of harm, evidence and defences. Overall the objective is to reconcile as best as possible law and economics, and to see how the goal to achieve the “right decision” in terms of economic outcome can be combined with the legitimate need for legal certainty.
Ten Years Of Effects Based Approach In Eu Competition Law
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Author : Global competition law centre. Annual conference
language : en
Publisher: Emile Bruylant
Release Date : 2012
Ten Years Of Effects Based Approach In Eu Competition Law written by Global competition law centre. Annual conference and has been published by Emile Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Antitrust law categories.
One of the key components of the modernization of competition rules has been a radical departure from the previous "form-based" enforcement to a so-called "effects-based" approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre ("GCLC"). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is not only on the enforcement of Articles 101 and 102 TFEU, but also in the file of merger control. Attempts are made to define more precisely the boundaries between anticompetitive object and effect, and to develop adequate safe harbours and presumptions. This book also casts a closer look at the analytical framework, possible theories of harm, evidence and defences. Overall the objective is to reconcile as best as possible law and economics, and to see how the goal to achieve the "right decision" in terms of economic outcome can be combined with the legitimate need for legal certainty.
Structure And Effects In Eu Competition Law
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Author : Basedow
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Structure And Effects In Eu Competition Law written by Basedow 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 2011-01-01 with Law categories.
During the last decade the European Commission has progressively adopted what is called a andmore economic approachand toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these andnewand methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionands State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the andmore economicand approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherands discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.
The Transformation Of Eu Competition Law Next Generation Issues
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Author : Adina Claici
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-05-12
The Transformation Of Eu Competition Law Next Generation Issues written by Adina Claici 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 2023-05-12 with Law categories.
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.
The Shaping Of Eu Competition Law
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Author : Pablo Ibez Colomo
language : en
Publisher: Cambridge University Press
Release Date : 2018-07-12
The Shaping Of Eu Competition Law written by Pablo Ibez Colomo 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 2018-07-12 with Law categories.
A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
European Competition Law In A Nutshell
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Author : Christian Koenig
language : en
Publisher:
Release Date : 2011
European Competition Law In A Nutshell written by Christian Koenig and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Antitrust law categories.
The legal foundations of Competition Law in the European Union are modest, with only nine articles of the Treaty on the Functioning of the European Union setting out the basis. Alongside this primary legislation, the detailed application of European Competition rules and regulations continues to be shaped by secondary legislation and extensive case law. European Competition Law: A Concise Guide in a nutshell identifies and analyses European jurisprudence and Commission policy, covering classic cases and established principles through to recent developments. The book addresses a full range of EU Competition Law topics (Cartels, Abuse of a Dominant Position, Merger Control, State Aid and Public Procurement) and includes chapters devoted to key legal terminology and the European Commission's competence. Each chapter focuses first on explaining the theoretical underpinnings and then on considering how the European Commission and European Courts have shaped and guided its practical application. With a clear structure and well-explained, numerous examples, this book will appeal to readers encountering European Competition Law for the first time as well as to experienced practitioners seeking guidance on a specific topic.
Eu Competition Law And Economics
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Author : Damien Geradin
language : en
Publisher: OUP Oxford
Release Date : 2012-03-22
Eu Competition Law And Economics written by Damien Geradin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.
Exclusionary Abuse After The Post Danmark I Case
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Author : Anders Jessen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-07-01
Exclusionary Abuse After The Post Danmark I Case written by Anders Jessen 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 2017-07-01 with Law categories.
Article 102 TFEU constitutes that a firm holding a dominant position in its market is not allowed to abuse this dominant market power through unilateral conduct. Although this provision is clearly of great importance in curbing the adverse effects of market power, it remains far from clear when dominant firms exclusionary conduct is in breach of this provision. This book presents an in-depth analysis of the limited case law, soft law, and theory in the field of law and economics on the matter, confronting the complex issues raised by the effects-based approach used to determine whether competition law has been breached, and clarifying how this approach can best be applied in future cases. Among the issues and topics covered are the following: – relevant case law, notably Post Danmark I, Tomra, and Intel; – analyses and discussions of when and how to apply the effect-based approach, including by object restrictions; – economic theories in the context of Article 102 TFEU; and – predation versus exclusion. While the book is grounded in the legal framework it also applies a law and economics based approach with the aim of supporting the legal arguments and conclusions, and thereby providing more robust arguments for the reached conclusions. As the first study to offer a much-needed clarification of the assessment relating to exclusionary conduct within Article 102 TFEU after the Post Danmark I case, this book provides suggestions on how to structure the approach, thus creating greater legal certainty for dominant firms (and their competitors) and providing a sound basis for both practice and research in this area. It is sure to be read and studied widely by practitioners and academics concerned with the application of Article 102 TFEU.
Eu Competition Law
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Author : Ariel Ezrachi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-12
Eu Competition Law written by Ariel Ezrachi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.
'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP This unique book is designed as a working tool for the study and practice of European competition law, focused on case law analysis. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by useful analysis and commentary. The 7th edition includes recent judgments from the European Court of Justice on the scope of object and effects based analysis (including Generics and Budapest Bank), as well as those on abuse of dominance. It examines developments in parallel trade, online sales restrictions, advertising bans, enforcement powers and procedure. Expanding its coverage of merger decisions, it explores non-collusive oligopoly (including CK Telecoms) and the treatment of innovation and data under the EU Merger Regulation. This unique book offers the practitioner and competition law student an insightful guide to EU competition law cases, an understanding of which is crucial. Rigorous, comprehensive and authoritative, it simply is a must read.