The Regulation Of The State In Competitive Markets In The Eu
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The Regulation Of The State In Competitive Markets In The Eu
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Author : Erika Szyszczak
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-08-31
The Regulation Of The State In Competitive Markets In The Eu written by Erika Szyszczak and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-31 with Law categories.
This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.
The Regulation Of The State In Competitive Markets In The Eu
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Author : Erika M. Szyszczak
language : en
Publisher:
Release Date : 2007
The Regulation Of The State In Competitive Markets In The Eu written by Erika M. Szyszczak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Government business enterprises categories.
The Regulation Of The State In Competitive Markets In The Eu
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Author : Erika M. Szyszczak
language : en
Publisher: Hart Publishing Limited
Release Date : 2012
The Regulation Of The State In Competitive Markets In The Eu written by Erika M. Szyszczak and has been published by Hart Publishing Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is challenged by European Union law, and the implications for traditional public services provided by the State. The book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules that address squarely the permissible role of State activity in competitive markets, for example an examination of the procurement rules, the State aid rules, the rules in Article 106 TFEU regulating State monopolies and the controversial application of Articles 101 and 102 TFEU to the State. Other chapters examine the processes of privatisation and liberalisation and the implications of regulation of liberalised markets where the State acts in a commercial capacity, with case studies on the postal sector, utilities and telecommunications. Attention is paid to the role of services of general economic interest (SGEIs) and the implications of liberalisation for social services of general interest (SSGIs).
Services Of General Economic Interest In Eu Competition Law
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Author : Lei Zhu
language : en
Publisher: Springer Nature
Release Date : 2020-05-08
Services Of General Economic Interest In Eu Competition Law written by Lei Zhu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-08 with Law categories.
This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.
Experimentalist Competition Law And The Regulation Of Markets
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Author : Yane Svetiev
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
Experimentalist Competition Law And The Regulation Of Markets written by Yane Svetiev and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
"The principal aim of this book is to chart the emergence of experimentalist governance in the implementation of EU competition law as a combined response both to subsidiarity concerns in EU federalism and to an increasingly dynamic and heterogeneous economic environment. The book will contribute to ongoing debates about the current state of EU competition law and supply an alternative account of both emergent trends and its future direction. By focussing on experimentalist governance it is offering a truly innovative perspective on the question of the implementation of EU competition law"--
Competition Policy In Europe
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Author : Johann Eekhoff
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-19
Competition Policy In Europe written by Johann Eekhoff and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-19 with Business & Economics categories.
The modern industrial states desperately need more competition in order to generate growth and employment. Although the European Union pushed its member states to open several sectors to competition, there is much left to be done. At the same time powerful interest groups try to avoid or to reduce competition on European labour markets, in the health systems, in the transport and energy sector, in public services, and in many other areas. This book shows that there is much to be gained from intensifying competition and that especially consumers would benefit. One task is to lay a sound basis for the application of competition. The other task is to implement and guarantee competition. The authors cover both issues.
Market Definition In Eu Competition Law
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Author : Miguel Sousa Ferro
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Market Definition In Eu Competition Law written by Miguel Sousa Ferro 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 2019 with Antitrust law categories.
The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law.
The Art Of Regulation
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Author : Christian Koenig
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
The Art Of Regulation written by Christian Koenig 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 2017-02-24 with categories.
Increasingly, EU market regulation measures have been introduced in the pursuit of economic justice and welfare. This book illustrates how regulation can help to prevent the abuse of dominance, in particular the abuse of public capital by the state.
Public Services And Eu Competition Law
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Author : Daniele Gallo
language : en
Publisher: Taylor & Francis
Release Date : 2022-06-09
Public Services And Eu Competition Law written by Daniele Gallo and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-09 with Law categories.
This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.
Constructing A European Market
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Author : Michelle Egan
language : en
Publisher: OUP Oxford
Release Date : 2001-06-14
Constructing A European Market written by Michelle Egan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-06-14 with Political Science categories.
Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop a comprehensive account of the regulatory strategies and institutional arrangements adopted by the EU in promoting the single market in goods. It provides a historical overview and detailed cases studies of the various policy initiatives that have altered the boundaries between the public and private sector in fostering market integration. Tackling interstate barriers to trade has relied heavily on European law to shape the framework of relations between states, and trade liberalization has been facilitated by legal rulings resolving territorial conflicts over regulatory jurisdiction and authority. The European Court of Justice has actively shaped markets, acting as a 'free trade umpire' in balancing the goals of market liberalization and market regulation while fostering market compliance. Although markets are absolutely dependent on public authority, the institutional innovation of the EU has been to use the private sector in an ancillary role to the state. By delegating responsibility to set standards for market access, the EU has chosen to draw on the resources of private actors, resulting in a system of governance that is a distinctive, hybrid model of regulation composed of state and non-state actors. Though the "outsourcing" of public sector regulatory activity was expected to be more effective than the process of regulatory harmonization, progress has been difficult. The current deficit in setting standards for European-wide market access raises concerns about the efficiency and effectiveness of such a regulatory regime. Egan provides a detailed evaluation of that process, highlighting regulatory gaps in the single market and the need to focus not only on the process of market integration, but also its outcome and impact on European business. Comparisons with American efforts to create a national market are made throughout to demonstrate the difficulties of constructing and maintaining a single market. American and European efforts to devise a uniform market for commerce and trade have involved both public and private authorities, though with different degrees of coordination and centralization, as many of the strategies undertaken by the EU echo earlier American market-building efforts.