Convergence Of Competition Laws And Policies In The European Community

Author : Michaela Drahos
Publisher : Springer
Page : 520 pages
File Size : 55,7 Mb
Release : 2001-02-20
Category : Business & Economics
ISBN : STANFORD:36105060993180

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Convergence of Competition Laws and Policies in the European Community by Michaela Drahos Pdf

Scholars have observed a gradual convergence of national European cartel laws towards EC competition law in recent years. Furthermore, most writers ascribe an important role in this convergence process to the influence of and pressure from the European Community. This is a remarkable conclusion considering the diversity that could be noticed only decades ago and the fact that the European Community has taken no direct legal action to harmonise national competition laws. These observations give rise to two questions: First, what is the extent of this convergence process and on which aspects do differences persist? Secondly, what have been the driving forces behind this development, and especially, what has been the role of the European Community in it? The study concentrates on three countries, namely Germany, Austria, and the Netherlands, which represented different models only some decades ago. The book aims at providing more insight into the development of competition policy in the EC and into the adaptation of national regulatory policy to EC law in general. This book is of interest to lawyers, political scientists, and economists working in the field of competition policy, as well as to scholars interested in European integration in general.

Author : Michaela Drahos
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2001
Category : Antitrust law
ISBN : OCLC:1012265334

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Convergence of competition laws and policies in the European Community : Germany, Austria, and the Netherlands by Michaela Drahos Pdf

Author : Jörg Philipp Terhechte
Publisher : Springer Science & Business Media
Page : 105 pages
File Size : 50,7 Mb
Release : 2011-03-24
Category : Law
ISBN : 9783642171673

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International Competition Enforcement Law Between Cooperation and Convergence by Jörg Philipp Terhechte Pdf

The international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g. in comparable approaches to combating particularly harmful restraints (so-called "hardcore cartels"). However, the complex terrain of enforcement law has been mainly ignored up to date. Are there common approaches in this field as well? How are the various competition laws linked with each other in respect to procedural norms? This book conceptualizes "International Competition Enforcement Law" against the backdrop of these issues and at the level of comparative law. The ciphers "cooperation" and "convergence" will serve as the two principle ideas for this book.

Author : Abel Moreira Mateus,Teresa Coelho Moreira
Publisher : Edward Elgar Publishing
Page : 457 pages
File Size : 42,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849807036

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Competition Law and Economics by Abel Moreira Mateus,Teresa Coelho Moreira Pdf

Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.

Author : Luís Silva Morais
Publisher : Leya
Page : 42 pages
File Size : 48,9 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789724041674

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Evolutionary Trends of EC Competition Law - Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis by Luís Silva Morais Pdf

Luís Silva Morais - Evolutionary Trends of EC Competition Law ? Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis Este artigo faz parte da Revista de Concorrência e Regulação ? Ano 1 ? N.o 1 ? Janeiro-Março 2010 Consulte a página da revista em http://cr.almedina.net Esta revista está também disponível como parte de uma Assinatura.

Author : Xavier Vives
Publisher : OUP Oxford
Page : 398 pages
File Size : 52,5 Mb
Release : 2009-08-06
Category : Business & Economics
ISBN : 9780191570605

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Competition Policy in the EU by Xavier Vives Pdf

A volume that takes stock and looks ahead on the development and implementation of competition policy in the European Union fifty years after the Treaty of Rome. Competition policy has emerged as a key policy in the EU with competition acting as the driving force for economic efficiency and the welfare of citizens. Case law has been established to control and prevent anti-competitve behavior, state aid control has consolidated and evolved towards a more economic approach, and the authority of the EC and the judicial review of the Court of the First Instance (CFI) and the European Court of Justice (ECJ) are firmly etsablished. The book provides an economic approach to competition policy and reflects the main areas of interest, open issues and progress in the area. The volume examines the design of competition policy institutions, the evolution of the implementation of competition policy and its convergence or divergence with US practice, restrictive practices, cartels, abuse of dominance, merger control and state aids. The volume also analyses the interaction of competition policy and regulation, and studies its application to telecoms, banking and energy sectors. All chapters are written by leadfing specialists combining theoretical with practical knowledge and discussing the underpinings of the application of law.

Author : Richard Whish,David Bailey
Publisher : Oxford University Press, USA
Page : 1089 pages
File Size : 40,7 Mb
Release : 2012-01-12
Category : Law
ISBN : 9780199586554

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Competition Law by Richard Whish,David Bailey Pdf

The authors describes the potential scope and application of the various legal provisions which regulate competition in the UK. This book also examines the results of the convergence of UK and EC law with regard to competition in business.

Author : Adriana Almășan,Peter Whelan
Publisher : Springer
Page : 285 pages
File Size : 49,6 Mb
Release : 2017-01-04
Category : Law
ISBN : 9783319473826

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The Consistent Application of EU Competition Law by Adriana Almășan,Peter Whelan Pdf

In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Author : Eleanor M Fox,Michael J Trebilcock
Publisher : Oxford University Press
Page : 518 pages
File Size : 46,7 Mb
Release : 2013
Category : Law
ISBN : 9780199670048

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The Design of Competition Law Institutions by Eleanor M Fox,Michael J Trebilcock Pdf

Using case studies to investigate the design of competition law systems, this is the first major analysis of the extent to which each national, regional, or international system fulfils global norms including due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.

Author : Damien Geradin
Publisher : World Bank Publications
Page : 110 pages
File Size : 45,5 Mb
Release : 2004
Category : Antitrust law
ISBN : 0821358928

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Competition Law and Regional Economic Integration by Damien Geradin Pdf

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
Page : 1618 pages
File Size : 49,8 Mb
Release : 2021-03-01
Category : Law
ISBN : 9789041154057

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Competition Law of the European Union by Van Bael & Bellis Pdf

This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.

Author : Barry J. Rodger,Angus Macculloch
Publisher : Routledge
Page : 456 pages
File Size : 53,8 Mb
Release : 2014-09-19
Category : Law
ISBN : 9781317907152

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Competition Law and Policy in the EU and UK by Barry J. Rodger,Angus Macculloch Pdf

Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the EU and UK, including topics such as enforcement, abuse of dominance, anti-competitive agreements, cartels, mergers, and market investigations. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy to follow overview of the subject for course use. The fifth edition provides a full update for this well-established title, presenting and contextualising the impact of key cases, as well as changes to enforcement practice, and at a legislative and institutional level. There are new, separate chapters in this edition on private enforcement and UK market investigations to reflect the increasing significance of these key areas of competition law practice. Competition Law and Policy in the EU and UK integrates useful pedagogical features to help clarify topics and reinforce important points: chapter overviews and summaries highlight the key points to take away from each chapter to structure student learning discussion questions facilitate self-testing and seminar discussions of the major issues covered in each chapter, to help reinforce understanding of these topics further reading lists additional resources in order to guide research and develop subject knowledge a new glossary provides succinct explanations of competition law terminology, ideal for those studying the topic for the first time Clear, focused and student-friendly, this title offers a comprehensive resource for students taking competition law courses, and is supported online by updates to the law offered on Angus MacCulloch’s blog, Who’s Competing (http://whoscompeting.wordpress.com/).

Author : Barbara Gabor
Publisher : Edward Elgar Publishing
Page : 349 pages
File Size : 44,5 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781003381

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Regulatory Competition in the Internal Market by Barbara Gabor Pdf

"Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences. The books conceptual framework covers the most relevant drivers of competition, including legal actors incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy. Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers legislator, regulator, judiciary at both national and European levels."--Publisher

Author : Kiran Klaus Patel,Heike Schweitzer
Publisher : Oxford University Press
Page : 256 pages
File Size : 46,9 Mb
Release : 2013-07-11
Category : Law
ISBN : 9780199665358

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The Historical Foundations of EU Competition Law by Kiran Klaus Patel,Heike Schweitzer Pdf

A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.

Author : Wolf Sauter
Publisher : Unknown
Page : 320 pages
File Size : 50,9 Mb
Release : 1997
Category : Language Arts & Disciplines
ISBN : UOM:39015040078639

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Competition Law and Industrial Policy in the EU by Wolf Sauter Pdf

This book provides a new analytical framework for legal problems concerning the economic order of the European Union. In order to determine the remaining scope for national economic sovereignty, and the improvement of the economic order of the Community itself, the focus of the book is the contentious relationship between competition and industrial policy under European law. The theoretical perspective used is based on a comparison between the concepts of the Treaty as an economic constitution and as a political constitution. On this basis, the convergence of competition and industrial policy at the Community level is explained as the result of the rationalisation of public policy, and the reduction of the economic independence of the member states. The study concludes that the market orientation of the European Union is not in doubt, but that a clear link remains to be established between the legitimacy of public intervention in the economy and the distribution of power in the Community system.