Competition And Integration What Goals Count

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Competition and Integration:What Goals Count?

R.B. Bouterse
Competition and Integration What Goals Count Book PDF

Author : R.B. Bouterse
Publisher : Springer
Page : 168 pages
File Size : 40,8 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105060957920

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Competition and Integration:What Goals Count? by R.B. Bouterse Pdf

Can competition policy be incorporated into the general economic policy of the Community? Is there a tension between competition and integration which may both be considered important goals of the Community's members? This issue has acquired increasing significance over the years and it has recently been discussed in the light of Merger Control Regulation. Whether other factors such as industrial policy may determine the Community's competition policy is one of the central themes of this study by Rosita B. Bouterse. There is no general consensus on this issue among the Community Members. The author regards the question from both a theoretical and a practical perspective, leading up to the final chapter which is a synthesis between the theoretical chapters and the case studies which follow them. This book has been based upon the author's doctorate thesis upon which she received her doctor's degree at the European University Institute, Florence Italy.

The Interface between Competition and the Internal Market

Vasiliki Brisimi
The Interface between Competition and the Internal Market Book PDF

Author : Vasiliki Brisimi
Publisher : Bloomsbury Publishing
Page : 387 pages
File Size : 55,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254492

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The Interface between Competition and the Internal Market by Vasiliki Brisimi Pdf

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.

Public Procurement and the EU Competition Rules

Albert Sánchez Graells
Public Procurement and the EU Competition Rules Book PDF

Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
Page : 584 pages
File Size : 40,5 Mb
Release : 2015-06-25
Category : Law
ISBN : 9781782259992

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Public Procurement and the EU Competition Rules by Albert Sánchez Graells Pdf

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.

Joint Ventures and EU Competition Law

Luís Morais
Joint Ventures and EU Competition Law Book PDF

Author : Luís Morais
Publisher : Bloomsbury Publishing
Page : 586 pages
File Size : 50,5 Mb
Release : 2013-11-01
Category : Law
ISBN : 9781782253464

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Joint Ventures and EU Competition Law by Luís Morais Pdf

This book examines the treatment of joint ventures (JVs) in EU Competition Law, and at the same time provides a comparison with US law. It starts with an analysis of the rather elusive concept of JV, encompassing both concentrative JVs (subject to merger control) and non-concentrative JVs. Although focused on possible definitions of joint ventures in terms of competition law, it also includes a broader perspective (going beyond competition law) on the different legal models of structuring cooperation links between undertakings. At the core of the book is an attempt to build an analytical model for the assessment of JVs in terms of antitrust law, especially as regards Article 101 of the TFEU. The analytical model used proposes a set of sequential analytical levels, taking into account structural factors and specific factors related to the main constituent elements of the functional programmes of JVs. The model is applied to a substantive assessment of four main types of JVs identified on the basis of their prevailing economic function: research and development JVs; production JVs; commercialization JVs; and purchasing JVs. Also covered are particular situations of joint ownership of undertakings falling short of joint control. In the concluding part of the book recent developments in JV antitrust law are put into context within the wider reform of EU Competition Law. The book is also comprehensively updated with the latest developments concerning the reform of the EU framework of horizontal cooperation between undertakings that took place at the end of 2010.

EU Competition Law and Liberal Professions: an Uneasy Relationship?

Ida E. Wendt
EU Competition Law and Liberal Professions an Uneasy Relationship Book PDF

Author : Ida E. Wendt
Publisher : Martinus Nijhoff Publishers
Page : 642 pages
File Size : 45,8 Mb
Release : 2012-10-12
Category : Law
ISBN : 9789004214491

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EU Competition Law and Liberal Professions: an Uneasy Relationship? by Ida E. Wendt Pdf

Drawing on the fundamental principles of EU competition law, this book comprehensively reassesses the authority and democratic legitimacy of self- and state regulation of liberal professions, and ultimately challenges the use of a diffuse public interest concept in professional regulation.

Integration of Cultural Considerations in European Union Law and Policies

Evangelia Psychogiopoulou
Integration of Cultural Considerations in European Union Law and Policies Book PDF

Author : Evangelia Psychogiopoulou
Publisher : Martinus Nijhoff Publishers
Page : 421 pages
File Size : 45,5 Mb
Release : 2008
Category : Law
ISBN : 9789004162396

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Integration of Cultural Considerations in European Union Law and Policies by Evangelia Psychogiopoulou Pdf

Drawing on a series of EC policy areas that possess a cultural component, this book offers an encompassing and in-depth analysis of the integration of cultural considerations in EC law and action, assessing the impact of Article 151(4) EC in the process.

Economic Efficiency

Ben Van Rompuy
Economic Efficiency Book PDF

Author : Ben Van Rompuy
Publisher : Kluwer Law International B.V.
Page : 504 pages
File Size : 41,7 Mb
Release : 2012-08-01
Category : Law
ISBN : 9789041142153

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Economic Efficiency by Ben Van Rompuy Pdf

Over the past decade, we have witnessed an apparent convergence of views among competition agency officials in the European Union and the United States on the appropriate goals of competition law enforcement. Antitrust policy, it is now suggested, should focus on enhancing economic efficiency, which we are to believe will promote consumer welfare. Recent EU Commission Guidelines on the application of Article 101 TFEU appear to banish considerations that cannot be construed as having an economic efficiency value – such as the environment, cultural policy, employment, public health, and consumer protection – from the application of Article 101 TFEU. Arguing that the professed adoption of an exclusive efficiency approach to Article 101 TFEU does not preclude, but rather obfuscates the role of non-efficiency considerations, the author of this timely contribution accomplishes the following objectives: traces the genesis of the shift to an efficiency orientation in EU and US antitrust policy and dispels several ingrained misconceptions that underpin it; demonstrates the close interrelationship between evolving images of the purpose of antitrust, the development of related enforcement norms, and enforcement output; provides in-depth analyses of a number of analytically rich cases in the audiovisual sector (and particularly those related to sports rights); and explores what the role of non-efficiency considerations in the application of Article 101 TFEU could and should be under the modernized enforcement regime.

The European Union and the Culture Industries

David Ward
The European Union and the Culture Industries Book PDF

Author : David Ward
Publisher : Routledge
Page : 282 pages
File Size : 49,8 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317032984

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The European Union and the Culture Industries by David Ward Pdf

This edited collection brings together leading academics in their respective fields to examine the European Union's impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater appreciation of the nuances and scope of EU regulatory initiatives and their impact on the member states. Under a broad public interest perspective, the authors provide an assessment of the success of EU policy in protecting the public interest in the culture industries and respecting certain normative principles and balancing these with market dynamics.

The Modernisation of EC Antitrust Law

Rein Wesseling
The Modernisation of EC Antitrust Law Book PDF

Author : Rein Wesseling
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 44,6 Mb
Release : 2000-10-19
Category : Law
ISBN : 9781847311528

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The Modernisation of EC Antitrust Law by Rein Wesseling Pdf

In recent years European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light ineffectiveness of the present system. Consequently the European Commission has responded by issuing the “White Paper on Modernisation”,which sets out its vision on the future of EC competition law. This new book takes a step back, and tries to understand the current challenges to EC competition policy by examining the origins of the Community's competition law system. In the first part of the book the author sketches the development of Community competition law enforcement between the European Economic Community, established in 1958, and the European Union of today. Taking this dynamic perspective on EC competition law, the second part of the book addresses topical problems of EC competition policy; the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and Member States, and decentralised enforcement of Community law. Notably, the author's conclusions diverge considerably from the analysis found in the Commission White Paper on Modernisation. The author proposes various alternative solutions to the existing problems which, arguably, fit better within the overall constitutional development of the Community than the solutions offered by the Commission. The book will be of interest to competition lawyers as well as to all those interested in the constitutional development of the European Community.

Competition Law

Eugène Buttigieg
Competition Law Book PDF

Author : Eugène Buttigieg
Publisher : Kluwer Law International B.V.
Page : 446 pages
File Size : 42,7 Mb
Release : 2009-05-19
Category : Law
ISBN : 9789041144782

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Competition Law by Eugène Buttigieg Pdf

Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of ‘consumer welfare’ with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field – comparing and contrasting two major systems of competition law – but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.

Systemtransformation In Mittel Und Osteuropa Und I

Klaus J. Hopt,Christa Jessel-Holst,Katharina Pistor
Systemtransformation In Mittel Und Osteuropa Und I Book PDF

Author : Klaus J. Hopt,Christa Jessel-Holst,Katharina Pistor
Publisher : Mohr Siebeck
Page : 342 pages
File Size : 45,6 Mb
Release : 2003
Category : Law
ISBN : 3161480899

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Systemtransformation In Mittel Und Osteuropa Und I by Klaus J. Hopt,Christa Jessel-Holst,Katharina Pistor Pdf

English summary: In this volume, leading scholars from Central and Eastern European countries and from Western Europe as well work out suggestions for dealing with company groups in transforming countries' groups. German description: Wahrend Unternehmensgruppen in Westeuropa Gegenstand intensiver, auch rechtsvergleichender Forschung und lebhafter rechtspolitischer Diskussionen sind, lassen sich Kenntnisse uber Unternehmensgruppen in mittel- und osteuropaischen Landern haufig nur mit betrachtlichem Aufwand und bisher nur fur einzelne Lander gewinnen.Wie entstehen und verhalten sich Unternehmensgruppen in diesen Transformationslandern? Fuhrende Wissenschaftler aus Mittel-, Ost- und Westeuropa untersuchen dies aus rechtlicher und okonomischer Sicht.Dieser Band enthalt die Beitrage eines Symposions, das 2000 in Hamburg stattfand, und die dort erarbeiteten Vorschlage unter Berucksichtigung zwischenzeitlicher Rechtsanderungen.

Public Services and the European Union

Laura Nistor
Public Services and the European Union Book PDF

Author : Laura Nistor
Publisher : Springer Science & Business Media
Page : 451 pages
File Size : 53,7 Mb
Release : 2011-09-15
Category : Law
ISBN : 9789067048057

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Public Services and the European Union by Laura Nistor Pdf

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.

Professional Services in the EU Internal Market

Tinne Heremans
Professional Services in the EU Internal Market Book PDF

Author : Tinne Heremans
Publisher : Bloomsbury Publishing
Page : 388 pages
File Size : 53,6 Mb
Release : 2012-01-31
Category : Law
ISBN : 9781847318794

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Professional Services in the EU Internal Market by Tinne Heremans Pdf

Professional services are a key component of the EU internal market economy yet also significantly challenge the legal framework governing this internal market. Indeed, specific professional regulatory structures, which are often the result of a blend of government and self-regulation, hold clear potential for conflict with EU free movement and competition law rules. Hence this book looks at the manner in which both free movement and competition laws might apply to such self- and co-regulatory set-ups, and at the leeway given to quality considerations (apparently) conflicting with free movement or competition objectives. In addition, since court action will seldom suffice to genuinely integrate a market, the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services. However, the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services. A law and economics analysis is employed to investigate the need for specific professional rules, the preferred type of regulator (self-, co- or government regulation), and the level - national and/or European - at which regulation should be adopted. As becomes clear, the story of the market for professional services is one of market and government failure; the author is thus left to compare imperfect situations where market failures compete with rent-seeking efforts, the tendency towards over-centralisation and national protectionism. This book offers both an in-depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation of this framework based on insights from law and economics scholarship. It will therefore be a valuable resource for all practitioners, policy-makers and academics dealing with professional services, as well as, more generally, with questions of quality and self-regulation.

Antitrust and the Bounds of Power – 25 Years On

Oles Andriychuk
Antitrust and the Bounds of Power 25 Years On Book PDF

Author : Oles Andriychuk
Publisher : Bloomsbury Publishing
Page : 249 pages
File Size : 43,7 Mb
Release : 2023-01-26
Category : Law
ISBN : 9781509962143

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Antitrust and the Bounds of Power – 25 Years On by Oles Andriychuk Pdf

This collection of essays addresses the transformations ongoing in the field of competition law by analysing current developments through the prism of Giuliano Amato's Antitrust and the Bounds of Power – thereby building an intellectual bridge between past and present. Giuliano Amato's book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market was published by Hart in 1997. It has predicted, articulated, and explained many of the changes that have taken place in competition law in the last 25 years, and it is referred to by generations of competition lawyers as a key theoretical work. There are many mutually invigorating reasons and explanations for the paradigmatic transformations that have occurred in competition law, economics, and policy since the 1990s. Some are triggered by the internal evolution of competition law; others are determined by the broader societal context. In this book, leading competition law thinkers reflect on these metamorphoses; they explore the state of affairs in the field, connecting it with and advancing their analyses through the ideas developed by Giuliano Amato in his ground-breaking book. With an afterword by Giuliano Amato and a foreword by Frédéric Jenny, this book is essential reading for anyone interested in the evolution of competition law.

Annuaire européen. 42.1994(1996)

Tsimaratos,P. Leuprecht,J. Schwietzke
Annuaire europ en 42 1994 1996 Book PDF

Author : Tsimaratos,P. Leuprecht,J. Schwietzke
Publisher : Martinus Nijhoff Publishers
Page : 1278 pages
File Size : 46,9 Mb
Release : 1996-11-19
Category : Political Science
ISBN : 9041101934

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Annuaire européen. 42.1994(1996) by Tsimaratos,P. Leuprecht,J. Schwietzke Pdf

The "European Yearbook" promotes the scientific study of European organisations and the Organisation for Economic Co-operation and Development. Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. In addition, a number of articles on topics of general interest are included in each volume. A general index by subject and name, and a cumulative index of all the articles which have appeared in the "Yearbook," are included in every volume and provide direct access to the "Yearbook"'s subject matter. Each volume contains a comprehensive bibliography covering the year's relevant publications. This is an indispensable work of reference for anyone dealing with the European institutions. It is bilingual (English and French).