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The Interface Between Competition And The Internal Market

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The Interface Between Competition And The Internal Market

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Author : Vasiliki Brisimi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01

The Interface Between Competition And The Internal Market written by Vasiliki Brisimi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.

This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.

The Interface Between Competition And The Internal Market

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Author : Vasiliki Brisimi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01

Harmonisation Of Eu Competition Law Enforcement

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Author : Jurgita Malinauskaite
language : en
Publisher: Springer
Release Date : 2019-11-26

Harmonisation Of Eu Competition Law Enforcement written by Jurgita Malinauskaite and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 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.

The Interaction Between Competition Law And Corporate Governance

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Author : Florence Thépot
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-14

The Interaction Between Competition Law And Corporate Governance written by Florence Thépot 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 2019-02-14 with Law categories.

Florence Thépot provides the first systematic account of the interaction between competition law and corporate governance. She challenges the 'black box' conception of the firm- or 'undertaking' - in competition law, as applied to increasingly complex corporate relations. The book opens the 'black box' of the firm to understand the internal drivers of collusive behaviour, and proposes a unified approach to cartel enforcement, based on the agency theory. It explores key issues including corporate compliance programmes, the attribution of liability in corporate groups, and structural links between competitors, and should be read by anyone interested in how the evolution of the corporate landscape impacts 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.

The Interface Between Competition Law And Data Privacy Law

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Author : Arletta Gorecka
language : en
Publisher: Springer Nature
Release Date : 2024-10-24

The Interface Between Competition Law And Data Privacy Law written by Arletta Gorecka and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-24 with Law categories.

This book assesses the extent to which the current EU competition law framework can incorporate privacy-related theories of harm. Specifically, it evaluates the importance of protecting individual privacy in establishing exploitative abuse of dominance under Article 102 TFEU. The book explores scenarios where Big Tech firms exploit their dominant positions through excessive data collection or limiting consumer choice, thereby harming competition and directly affecting user well-being. It posits that zero-priced business models of online platforms and the ubiquity of data generation create strong incentives to acquire and process consumer data, which can harm digital consumers' privacy. The book assesses how the existing EU competition law framework can address and regulate exploitative abuses, particularly concerning the protection of individuals' privacy. Importantly, this book argues that competition law might recognize privacy-related harms as forming exploitative theories of harm under Article 102 TFEU. Article 102 TFEU offers flexibility and can be applied to a broader range of unfair practices. Article 102 TFEU emphasizes enhanced transparency and predictability, aiming to prevent abuses of dominant positions that could undermine healthy competition, to the detriment of consumers and other market participants. This book provides a comprehensive analysis of how the existing EU competition law framework can address the evolving challenges at the intersection of competition and privacy, ultimately seeking to protect consumer welfare and ensure fair competition in the digital economy.

The Oxford Handbook Of The European Union

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Author : Erik Jones
language : en
Publisher: OUP Oxford
Release Date : 2012-08-30

The Oxford Handbook Of The European Union written by Erik Jones and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-30 with Political Science categories.

This is an authoritative, one-volume, and independent treatment of the history, functioning and nature of the European integration. Written by a selection of leading scholars. It covers the major institutions, policies, and events in the history of integration, whilst also providing a guide to the major theoretical approaches that have been used to study it over time. By bringing together such a distinguished cast covering such a wide array of themes, the Handbook is intended as a one stop shop for all those interested in the European Union and its predecessors. Written in an accessible style, the volume is intended to shape the discipline of EU studies, and to establish itself as the essential point of reference for all those interested in European integration, both in universities and more broadly. It represents a timely guide to an institution that is much discussed but often only imperfectly understood.

Public Procurement And The Eu Competition Rules

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Author : Albert Sánchez Graells
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-06-25

Public Procurement And The Eu Competition Rules written by Albert Sánchez Graells and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-25 with Law categories.

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Battle Of Single European Market

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Author : Gilles Grin
language : en
Publisher: Routledge
Release Date : 2012-11-12

Battle Of Single European Market written by Gilles Grin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-12 with Political Science categories.

First published in 2004. This book studies the history of the single, or internal, market of the European Union since its beginnings after the Second World War until the end of 2000. The perspective is pluridisciplinary and incorporates several dimensions: historical, political, economic; legal and sociological.

Handbook Of Eu Competition Law

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Author : Walter Frenz
language : en
Publisher: Springer
Release Date : 2015-12-18

Handbook Of Eu Competition Law written by Walter Frenz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-18 with Law categories.

This handbook offers detailed descriptions of EU competition law, including mergers and public authorities. Above all, it analyzes and discusses recent decisions of the ECJ and the General Court. Presenting systematically structured and theoretically founded content, the book also includes recommendations for practitioners. Special attention is paid to the scope of penalties and the influence on fundamental rights. Rounding out the book, the conflict between safeguarding confidential information and the effectiveness of private and public enforcement is discussed intensively in the context of the new Directive 2014/104/EU.

The Interface Between Competition And The Internal Market

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