The Consistent Application Of Eu Competition Law
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The Consistent Application Of Eu Competition Law
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Author : Adriana Almășan
language : en
Publisher: Springer
Release Date : 2017-01-04
The Consistent Application Of Eu Competition Law written by Adriana Almășan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-04 with Law categories.
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
Remedies In Eu Competition Law
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Author : Damien Gerard
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-10
Remedies In Eu Competition Law written by Damien Gerard 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 2020-07-10 with Law categories.
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
Coherence In Eu Competition Law
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Author : Wolf Sauter
language : en
Publisher: Oxford University Press
Release Date : 2016-05-27
Coherence In Eu Competition Law written by Wolf Sauter 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 2016-05-27 with Law categories.
EU competition law plays a central role in the process of European integration both as a multifaceted tool for creating and policing the internal market as well as in organising national markets. Yet as a consequence of this role it is also subject to increasingly complex demands, a proliferation of (sectoral) regimes, and multiple objectives at both an EU and national level. This profligacy entails risks of fragmentation and divergence - which could jeopardise the proper functioning of the internal market. In this examination of EU competition law, Wolf Sauter discusses three main issues: (i) what degree of coherence exists in EU competition law; (ii) how this coherence can be explained, particularly in the broader context of integration by EU law; and (iii) how it contributes to the legitimacy and effectiveness of EU competition law. Specific focus is placed on antitrust, while mergers, state aid control, as well as the sectoral regimes for energy and electronic communications are also examined. In addition the book also charts the history and framework of these competition regimes that jointly constitute EU competition law, defining both its objectives and limitations.
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, covering all key substantive and procedural aspects of the subject, this textbook is required reading for students of EU competition law. The author's clarity of expression and wealth of worked examples, makes this sometimes complex subject accessible. This refreshing uncluttered approach guarantees the students' understanding and engagement.
The Development Of European Competition Policy
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Author : Brian Shaev
language : en
Publisher: Taylor & Francis
Release Date : 2024-06-03
The Development Of European Competition Policy written by Brian Shaev and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-03 with Business & Economics categories.
This book considers a central issue of our time: the relationship between the macroeconomic objectives of political parties in democratic countries and the legal framework of market economies. The impressive panel of contributors examines social-democratic policies on cartels, market concentration and competition in different European countries, spanning a hundred-year period (specifically the interwar period, the initial postwar period, the 1960s and 1970s, the 1980s and 1990s, and the 2000s). This thought-provoking volume challenges the dominant belief that the EU’s economic system and competition policy were mainly influenced by neoliberal economic thinking, instead showing that Keynesian and social-democratic positions played a major role in the emergence of this system. It will be valuable reading for advanced students, researchers and policymakers interested in modern economic history, industrial organization, political economy, European legal history and political science.
The Enforcement Of Eu Law And Values
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Author : András Jakab
language : en
Publisher: Oxford University Press
Release Date : 2017-04-07
The Enforcement Of Eu Law And Values written by András Jakab 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 2017-04-07 with Law categories.
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Harmonisation Of Eu Competition Law Enforcement
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Author : Jurgita Malinauskaite
language : en
Publisher: Springer Nature
Release Date : 2019-11-15
Harmonisation Of Eu Competition Law Enforcement written by Jurgita Malinauskaite and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with Law categories.
This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.
Cross Border Eu Competition Law Actions
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Author : Mihail Danov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-06-18
Cross Border Eu Competition Law Actions written by Mihail Danov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-18 with Law categories.
This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
The Shaping Of Eu Competition Law
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Author : Pablo Ibáñez Colomo
language : en
Publisher: Cambridge University Press
Release Date : 2018-07-12
The Shaping Of Eu Competition Law written by Pablo Ibáñez 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.
The Internal Market And The Future Of European Integration
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Author : Fabian Amtenbrink
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-18
The Internal Market And The Future Of European Integration written by Fabian Amtenbrink 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 2019-04-18 with Business & Economics categories.
A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including Brexit.