Competition Law in times of Economic Crisis: in Need of Adjustment?

Competition Law in times of Economic Crisis: in Need of Adjustment?

Author: Global competition law centre. Annual conference

Publisher:

Published: 2013

Total Pages: 649

ISBN-13: 9782802743101

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Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes. A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful. A "relaxed" stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal periods. It has also been argued that, when public resources are stretched to the limit and businesses are struggling to survive, competition authorities should seek to focus their limited resources on those anticompetitive practices which are most detrimental to consumer welfare such as cartels. Indeed, if over-enforcement is perhaps undesirable when the economy is functioning well, it will inevitably become more problematic during an economic downturn. In addition, business managers may be increasingly tempted to resort to anticompetitive practices when faced with economic hardship. This book will appeal to judges and lawyers in competition law, European law, business/corporate law and insolvency law ; the study of European competition law, European institutions, national competition authorities, and companies.


Book Synopsis Competition Law in times of Economic Crisis: in Need of Adjustment? by : Global competition law centre. Annual conference

Download or read book Competition Law in times of Economic Crisis: in Need of Adjustment? written by Global competition law centre. Annual conference and published by . This book was released on 2013 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes. A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful. A "relaxed" stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal periods. It has also been argued that, when public resources are stretched to the limit and businesses are struggling to survive, competition authorities should seek to focus their limited resources on those anticompetitive practices which are most detrimental to consumer welfare such as cartels. Indeed, if over-enforcement is perhaps undesirable when the economy is functioning well, it will inevitably become more problematic during an economic downturn. In addition, business managers may be increasingly tempted to resort to anticompetitive practices when faced with economic hardship. This book will appeal to judges and lawyers in competition law, European law, business/corporate law and insolvency law ; the study of European competition law, European institutions, national competition authorities, and companies.


Competition Law in times of Economic Crisis : in Need of Adjustment ?

Competition Law in times of Economic Crisis : in Need of Adjustment ?

Author: Jacques Derenne

Publisher: Primento

Published: 2013-12-02

Total Pages: 352

ISBN-13: 2802745468

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Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes. A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful. A “relaxed” stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal periods. It has also been argued that, when public resources are stretched to the limit and businesses are struggling to survive, competition authorities should seek to focus their limited resources on those anticompetitive practices which are most detrimental to consumer welfare such as cartels. Indeed, if over-enforcement is perhaps undesirable when the economy is functioning well, it will inevitably become more problematic during an economic downturn. In addition, business managers may be increasingly tempted to resort to anticompetitive practices when faced with economic hardship. This book will appeal to judges and lawyers in competition law, European law, business/corporate law and insolvency law ; the study of European competition law, European institutions, national competition authorities, and companies.


Book Synopsis Competition Law in times of Economic Crisis : in Need of Adjustment ? by : Jacques Derenne

Download or read book Competition Law in times of Economic Crisis : in Need of Adjustment ? written by Jacques Derenne and published by Primento. This book was released on 2013-12-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes. A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful. A “relaxed” stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal periods. It has also been argued that, when public resources are stretched to the limit and businesses are struggling to survive, competition authorities should seek to focus their limited resources on those anticompetitive practices which are most detrimental to consumer welfare such as cartels. Indeed, if over-enforcement is perhaps undesirable when the economy is functioning well, it will inevitably become more problematic during an economic downturn. In addition, business managers may be increasingly tempted to resort to anticompetitive practices when faced with economic hardship. This book will appeal to judges and lawyers in competition law, European law, business/corporate law and insolvency law ; the study of European competition law, European institutions, national competition authorities, and companies.


Competition Law in Times of Crisis

Competition Law in Times of Crisis

Author: Conor Talbot

Publisher: Cambridge Scholars Publishing

Published: 2018-12-11

Total Pages: 238

ISBN-13: 1527523152

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This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition law, the existence of identifiable baselines applicable in crisis conditions, the ability and role of national competition authorities in applying competition law, and the ways in which the European Commission’s overarching policy goals can influence the application of competition law. The decision to take an empirical approach to this research project stems from a conviction that an investigation into the real world situations faced by firms and consumers should underpin the evaluation of the applicable legal rules. Over the past number of years, the Commission has exerted more and more influence over the development of the regional and global airline industry, and this book identifies the emergence of an apparent overarching aim on the part of the Commission to create a market with a handful of ultra-competitive airlines with international reach serviced by an array of smaller feeder airlines on a regional basis. The study of Irish beef processing, on the other hand, identifies a high level of government involvement in providing the strategic thinking behind a crisis cartel scheme, and then demonstrates how the economic context exerted considerably more pressure on the government and the national court than on the competition authorities involved.


Book Synopsis Competition Law in Times of Crisis by : Conor Talbot

Download or read book Competition Law in Times of Crisis written by Conor Talbot and published by Cambridge Scholars Publishing. This book was released on 2018-12-11 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition law, the existence of identifiable baselines applicable in crisis conditions, the ability and role of national competition authorities in applying competition law, and the ways in which the European Commission’s overarching policy goals can influence the application of competition law. The decision to take an empirical approach to this research project stems from a conviction that an investigation into the real world situations faced by firms and consumers should underpin the evaluation of the applicable legal rules. Over the past number of years, the Commission has exerted more and more influence over the development of the regional and global airline industry, and this book identifies the emergence of an apparent overarching aim on the part of the Commission to create a market with a handful of ultra-competitive airlines with international reach serviced by an array of smaller feeder airlines on a regional basis. The study of Irish beef processing, on the other hand, identifies a high level of government involvement in providing the strategic thinking behind a crisis cartel scheme, and then demonstrates how the economic context exerted considerably more pressure on the government and the national court than on the competition authorities involved.


Competition Law in Crisis

Competition Law in Crisis

Author: Bruce Wardhaugh

Publisher: Cambridge University Press

Published: 2022-08-18

Total Pages: 293

ISBN-13: 1108996213

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A common criticism of the competition rules posed by EU authorities is that they are too inflexible, thereby prohibiting adequate responses to economic and industrial shocks. Competition Law in Crisis challenges this suggestion through an examination of competition responses to crises past and present. With an analysis spanning the response of UK and EU competition authorities to the economic and commercial outfall of the 2008 financial crisis, the COVID-19 pandemic, and potential responses to the climate crisis in the context of post-Brexit British industrial policy, the book argues that relaxing the competition regime is precisely the wrong response. The rigidity of competition rules in the UK and EU has both normative and positive implications for not just the methodology used in competition analysis, but also the role of competition law within the legal order of both jurisdictions. The book concludes with a discussion of the place of the competition in the UK's and EU's legal order.


Book Synopsis Competition Law in Crisis by : Bruce Wardhaugh

Download or read book Competition Law in Crisis written by Bruce Wardhaugh and published by Cambridge University Press. This book was released on 2022-08-18 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: A common criticism of the competition rules posed by EU authorities is that they are too inflexible, thereby prohibiting adequate responses to economic and industrial shocks. Competition Law in Crisis challenges this suggestion through an examination of competition responses to crises past and present. With an analysis spanning the response of UK and EU competition authorities to the economic and commercial outfall of the 2008 financial crisis, the COVID-19 pandemic, and potential responses to the climate crisis in the context of post-Brexit British industrial policy, the book argues that relaxing the competition regime is precisely the wrong response. The rigidity of competition rules in the UK and EU has both normative and positive implications for not just the methodology used in competition analysis, but also the role of competition law within the legal order of both jurisdictions. The book concludes with a discussion of the place of the competition in the UK's and EU's legal order.


The Evolving Governance of EU Competition Law in a Time of Disruptions

The Evolving Governance of EU Competition Law in a Time of Disruptions

Author: Mariolina Eliantonio

Publisher:

Published: 2022

Total Pages: 304

ISBN-13: 9781509951826

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"This book develops a timely critique of the complex trends emerging in EU integration as it responds to the 'big issues' of our time. Repeated economic crises, the climate emergency, digitalisation and geopolitical turmoil are all having a profound societal and economic effect. The EU Commission has been adding these 'big issues' as public interest justifications for its competition policy and is adjusting existing approaches and instruments accordingly. This is not without its constitutional implications. Firstly, it impacts on the limits of EU competition law in light of the Treaties. Secondly, it affects the relationship between the relevant actors and the processes through which EU competition law is implemented. This collection brings together EU institutional and competition lawyers, to reflect on the constitutional challenges and governance questions. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: state aid, antitrust and merger control. Both EU constitutional and competition lawyers will be interested in this important new collection."--


Book Synopsis The Evolving Governance of EU Competition Law in a Time of Disruptions by : Mariolina Eliantonio

Download or read book The Evolving Governance of EU Competition Law in a Time of Disruptions written by Mariolina Eliantonio and published by . This book was released on 2022 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book develops a timely critique of the complex trends emerging in EU integration as it responds to the 'big issues' of our time. Repeated economic crises, the climate emergency, digitalisation and geopolitical turmoil are all having a profound societal and economic effect. The EU Commission has been adding these 'big issues' as public interest justifications for its competition policy and is adjusting existing approaches and instruments accordingly. This is not without its constitutional implications. Firstly, it impacts on the limits of EU competition law in light of the Treaties. Secondly, it affects the relationship between the relevant actors and the processes through which EU competition law is implemented. This collection brings together EU institutional and competition lawyers, to reflect on the constitutional challenges and governance questions. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: state aid, antitrust and merger control. Both EU constitutional and competition lawyers will be interested in this important new collection."--


Hard Core Cartels Recent progress and challenges ahead

Hard Core Cartels Recent progress and challenges ahead

Author: OECD

Publisher: OECD Publishing

Published: 2003-05-27

Total Pages: 64

ISBN-13: 926410125X

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This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.


Book Synopsis Hard Core Cartels Recent progress and challenges ahead by : OECD

Download or read book Hard Core Cartels Recent progress and challenges ahead written by OECD and published by OECD Publishing. This book was released on 2003-05-27 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.


FairEconomy. Crises, Culture, Competition and the Role of Law

FairEconomy. Crises, Culture, Competition and the Role of Law

Author: Philipp Hacker

Publisher:

Published: 2016

Total Pages: 22

ISBN-13:

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This synopsis contains excerpts from and novel introductions to the four chapters constituting “FairEconomy. Crises, Culture, Competition and the Role of Law”, a monograph co-authored and published by the late Wolfgang Fikentscher, Philipp Hacker and Rupprecht Podszun in 2013. In honor and continuation of Wolfgang Fikentscher's unwavering commitment to open access to scholarship, we are thus presenting the most relevant parts and arguments of the book in universally accessible format, with the kind permission of the publisher.In the first chapter, we draw on anthropology and economic theory to show that (i) the chief objective of “the economy” is to fulfill basic human needs and that (ii) it is currently far from achieving this aim. We suggest that, not only but also in response to the financial crises haunting the global economy, a reorientation toward the necessary normative foundations of the economy is in order; a reorientation that includes a commitment to fairness as a key concept to build trust, structure economic interactions, and distribute surplus. We trace legal concepts operationalizing the subjective right to a fair economy in Western legal history in order to show that the economy is never simply natural or emergent, but always instituted by a complex web of legal, political and cultural arrangements that demand particular attention - and readjustments - in times of crises. In the following two chapters, we spell out the content of FairEconomy in competition law and securities regulation, the two crucial domains for the regulation of contemporary economic activity. The final chapter offers perspectives on global institutions for the enforcement of fairness-oriented norms in market transactions.


Book Synopsis FairEconomy. Crises, Culture, Competition and the Role of Law by : Philipp Hacker

Download or read book FairEconomy. Crises, Culture, Competition and the Role of Law written by Philipp Hacker and published by . This book was released on 2016 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This synopsis contains excerpts from and novel introductions to the four chapters constituting “FairEconomy. Crises, Culture, Competition and the Role of Law”, a monograph co-authored and published by the late Wolfgang Fikentscher, Philipp Hacker and Rupprecht Podszun in 2013. In honor and continuation of Wolfgang Fikentscher's unwavering commitment to open access to scholarship, we are thus presenting the most relevant parts and arguments of the book in universally accessible format, with the kind permission of the publisher.In the first chapter, we draw on anthropology and economic theory to show that (i) the chief objective of “the economy” is to fulfill basic human needs and that (ii) it is currently far from achieving this aim. We suggest that, not only but also in response to the financial crises haunting the global economy, a reorientation toward the necessary normative foundations of the economy is in order; a reorientation that includes a commitment to fairness as a key concept to build trust, structure economic interactions, and distribute surplus. We trace legal concepts operationalizing the subjective right to a fair economy in Western legal history in order to show that the economy is never simply natural or emergent, but always instituted by a complex web of legal, political and cultural arrangements that demand particular attention - and readjustments - in times of crises. In the following two chapters, we spell out the content of FairEconomy in competition law and securities regulation, the two crucial domains for the regulation of contemporary economic activity. The final chapter offers perspectives on global institutions for the enforcement of fairness-oriented norms in market transactions.


The Antitrust Paradox

The Antitrust Paradox

Author: Robert Bork

Publisher:

Published: 2021-02-22

Total Pages: 536

ISBN-13: 9781736089712

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The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.


Book Synopsis The Antitrust Paradox by : Robert Bork

Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.


Competition Law

Competition Law

Author: Richard Whish

Publisher: Oxford University Press

Published: 2021

Total Pages: 1185

ISBN-13: 0198836325

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This online course will give you insights into important compliance topics.


Book Synopsis Competition Law by : Richard Whish

Download or read book Competition Law written by Richard Whish and published by Oxford University Press. This book was released on 2021 with total page 1185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This online course will give you insights into important compliance topics.


How International Law Works in Times of Crisis

How International Law Works in Times of Crisis

Author: George Ulrich

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 369

ISBN-13: 0198849664

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For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.


Book Synopsis How International Law Works in Times of Crisis by : George Ulrich

Download or read book How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press, USA. This book was released on 2019 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.