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The Transformation of EU Competition Law: Next Generation Issues

Author: Adina Claici

Publisher: Kluwer Law International B.V.

Published: 2023-05-12

Total Pages: 441

ISBN-13: 9403501162

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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.

Book Synopsis The Transformation of EU Competition Law: Next Generation Issues by : Adina Claici

Download or read book The Transformation of EU Competition Law: Next Generation Issues written by Adina Claici and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author: Pablo Ibáñez Colomo

Publisher: Cambridge University Press

Published: 2018-07-12

Total Pages: 389

ISBN-13: 1108661858

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Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.

Book Synopsis The Shaping of EU Competition Law by : Pablo Ibáñez Colomo

Download or read book The Shaping of EU Competition Law written by Pablo Ibáñez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.

Modernisation and Enlargement

Author: Damien Geradin

Publisher: Intersentia nv

Published: 2004

Total Pages: 404

ISBN-13: 9050954324

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This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competition law. The direct effect given to Article 81(3) will also stimulate implementation at the national level, including actions in national courts, although several procedural issues may impede private actions in courts. Amongc its other features, Regulation 1/2003 also creates a European Competition Network (ECN), which provides an institutional focus for cooperation between the NCAs and the Commission, as well as among the NCAs themselves. Enlargement of the European Union was one of the factors, which contributed to the adoption of Regulation 1/2003. Enlargement will expand the geographical scope of application of EC competition rules, but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations, which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are, however, willing to take on those challenges and, though a period of adaptation will be needed, there are no reasons why they should be unable to progressively develop a successful competition policy. Already, some agencies (e.g., in Hungary or Poland) have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.

Book Synopsis Modernisation and Enlargement by : Damien Geradin

Download or read book Modernisation and Enlargement written by Damien Geradin and published by Intersentia nv. This book was released on 2004 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competition law. The direct effect given to Article 81(3) will also stimulate implementation at the national level, including actions in national courts, although several procedural issues may impede private actions in courts. Amongc its other features, Regulation 1/2003 also creates a European Competition Network (ECN), which provides an institutional focus for cooperation between the NCAs and the Commission, as well as among the NCAs themselves. Enlargement of the European Union was one of the factors, which contributed to the adoption of Regulation 1/2003. Enlargement will expand the geographical scope of application of EC competition rules, but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations, which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are, however, willing to take on those challenges and, though a period of adaptation will be needed, there are no reasons why they should be unable to progressively develop a successful competition policy. Already, some agencies (e.g., in Hungary or Poland) have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.

The New EU Competition Law

Author: Pablo Ibáñez Colomo

Publisher: Bloomsbury Publishing

Published: 2023-12-14

Total Pages: 335

ISBN-13: 1782259155

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This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.

Book Synopsis The New EU Competition Law by : Pablo Ibáñez Colomo

Download or read book The New EU Competition Law written by Pablo Ibáñez Colomo and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.

EU Competition Law

Author: Eleanor M. Fox

Publisher:

Published: 2017-10-27

Total Pages: 336

ISBN-13: 9781786430830

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This clear and concise textbook presents EU competition law in political, economic and comparative context. It combines excerpts from key EU rulings with discussions of enforcement policy issues and comparisons with US antitrust cases. Untangling the complex set of factors driving individual outcomes, it is the perfect companion for any student or practitioner in the field.Successive chapters explore the tools used by competition authorities in Europe: to punish cartels that fix prices or divide markets; assess cooperative agreements between rival firms and supplier-customer relationships; to establish a dominant position and find abuses; and review the competitive effects of mergers and acquisitions. The book also explains how authorities determine when business restraints infringe on the principles governing the EU internal market, and when Member States contravene the rules protecting the European competition system including by means of subsidies known as State aids.More than a reference tool, this innovative book provides a rounded account of the various dimensions of EU competition law, of its place at the heart of the EU market integration project and of its relevance for the enforcement of antitrust principles worldwide.Key features:* provides a clear, concise and up-to-date presentation of the law* includes important excerpts from all seminal competition decisions and judgements of the European Commission and the EU Courts* explains the critical nuances of cases by means of contextual notes and questions* integrates law, economics and other policies, providing a holistic sense of competition law and its place in the European system * compares EU competition law with US antitrust law, analysing the root of their differences and enabling the reader to derive comparative insights* supports general and advanced EU and international competition law courses.

Book Synopsis EU Competition Law by : Eleanor M. Fox

Download or read book EU Competition Law written by Eleanor M. Fox and published by . This book was released on 2017-10-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and concise textbook presents EU competition law in political, economic and comparative context. It combines excerpts from key EU rulings with discussions of enforcement policy issues and comparisons with US antitrust cases. Untangling the complex set of factors driving individual outcomes, it is the perfect companion for any student or practitioner in the field.Successive chapters explore the tools used by competition authorities in Europe: to punish cartels that fix prices or divide markets; assess cooperative agreements between rival firms and supplier-customer relationships; to establish a dominant position and find abuses; and review the competitive effects of mergers and acquisitions. The book also explains how authorities determine when business restraints infringe on the principles governing the EU internal market, and when Member States contravene the rules protecting the European competition system including by means of subsidies known as State aids.More than a reference tool, this innovative book provides a rounded account of the various dimensions of EU competition law, of its place at the heart of the EU market integration project and of its relevance for the enforcement of antitrust principles worldwide.Key features:* provides a clear, concise and up-to-date presentation of the law* includes important excerpts from all seminal competition decisions and judgements of the European Commission and the EU Courts* explains the critical nuances of cases by means of contextual notes and questions* integrates law, economics and other policies, providing a holistic sense of competition law and its place in the European system * compares EU competition law with US antitrust law, analysing the root of their differences and enabling the reader to derive comparative insights* supports general and advanced EU and international competition law courses.

An Introduction to EU Competition Law

Author: Moritz Lorenz

Publisher: Cambridge University Press

Published: 2013-04-25

Total Pages: 427

ISBN-13: 1107067324

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Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.

Book Synopsis An Introduction to EU Competition Law by : Moritz Lorenz

Download or read book An Introduction to EU Competition Law written by Moritz Lorenz and published by Cambridge University Press. This book was released on 2013-04-25 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.

Evidence, Proof and Judicial Review in EU Competition Law

Author: Fernando Castillo de la Torre

Publisher: Edward Elgar Publishing

Published: 2024-03-14

Total Pages: 535

ISBN-13: 1839108681

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In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.

Book Synopsis Evidence, Proof and Judicial Review in EU Competition Law by : Fernando Castillo de la Torre

Download or read book Evidence, Proof and Judicial Review in EU Competition Law written by Fernando Castillo de la Torre and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.

The Development of European Competition Policy

Author: Brian Shaev

Publisher: Taylor & Francis

Published: 2024-06-03

Total Pages: 342

ISBN-13: 1351010565

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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.

Book Synopsis The Development of European Competition Policy by : Brian Shaev

Download or read book The Development of European Competition Policy written by Brian Shaev and published by Taylor & Francis. This book was released on 2024-06-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Cambridge History of the European Union: Volume 2, European Integration Inside-Out

Author: Mathieu Segers

Publisher: Cambridge University Press

Published: 2023-11-09

Total Pages: 843

ISBN-13: 1108804705

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Volume II considers the history of the European Union from an inside-out perspective, focusing on the internal developments that shaped the European integration process. Taking an innovative, thematic approach, this volume will be of interest to students and researchers of European integration.

Book Synopsis The Cambridge History of the European Union: Volume 2, European Integration Inside-Out by : Mathieu Segers

Download or read book The Cambridge History of the European Union: Volume 2, European Integration Inside-Out written by Mathieu Segers and published by Cambridge University Press. This book was released on 2023-11-09 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II considers the history of the European Union from an inside-out perspective, focusing on the internal developments that shaped the European integration process. Taking an innovative, thematic approach, this volume will be of interest to students and researchers of European integration.

The Atlantic Divide in Antitrust

Author: Daniel J. Gifford

Publisher: University of Chicago Press

Published: 2015-02-11

Total Pages: 320

ISBN-13: 022617610X

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The United States and the European Union operate the world’s two most powerful systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language. Yet the two regimes sometimes reach very different results on significant antitrust issues. In The Atlantic Divide in Antitrust, Daniel Gifford and Robert Kudrle show that a combination of differences in social values, political institutions, and legal precedent inhibit close convergence. The book explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, intellectual property, and Schumpeterian competition. The authors explore how the prevailing antitrust analyses differ in the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these several areas relate to each other. Several themes run through the substantive areas treated in the book: pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. The notorious Microsoft case offers a useful lens to examine copyright, patents, and trade secrets, and the authors take the opportunity to contemplate competition policy in dynamic, innovative industries more broadly. For the EU, competition policy has also functioned as a mechanism to bond national markets together in the EU structure; the USA, federal from the beginning, did not require this instrumental aspect in its antitrust doctrines. The Atlantic Divide concludes with forecasts and suggestions about how greater compatibility, if not convergence, might ultimately be attained.

Book Synopsis The Atlantic Divide in Antitrust by : Daniel J. Gifford

Download or read book The Atlantic Divide in Antitrust written by Daniel J. Gifford and published by University of Chicago Press. This book was released on 2015-02-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States and the European Union operate the world’s two most powerful systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language. Yet the two regimes sometimes reach very different results on significant antitrust issues. In The Atlantic Divide in Antitrust, Daniel Gifford and Robert Kudrle show that a combination of differences in social values, political institutions, and legal precedent inhibit close convergence. The book explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, intellectual property, and Schumpeterian competition. The authors explore how the prevailing antitrust analyses differ in the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these several areas relate to each other. Several themes run through the substantive areas treated in the book: pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. The notorious Microsoft case offers a useful lens to examine copyright, patents, and trade secrets, and the authors take the opportunity to contemplate competition policy in dynamic, innovative industries more broadly. For the EU, competition policy has also functioned as a mechanism to bond national markets together in the EU structure; the USA, federal from the beginning, did not require this instrumental aspect in its antitrust doctrines. The Atlantic Divide concludes with forecasts and suggestions about how greater compatibility, if not convergence, might ultimately be attained.