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Author : Michaela Drahos
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2001
Category : Antitrust law
ISBN : OCLC:1012265334
Author : Michaela Drahos
Publisher : Springer
Page : 520 pages
File Size : 46,7 Mb
Release : 2001-02-20
Category : Business & Economics
ISBN : STANFORD:36105060993180
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 : Michael Frese
Publisher : Bloomsbury Publishing
Page : 454 pages
File Size : 51,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253822
In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently the enforcement of EU competition law has become less centralised - many would say even decentralised. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes. This combination of decentralisation and enforcement autonomy raises questions about the relationship between EU law and national law, as well as about the costs of enforcement. This new book links these questions by analysing how competences in the area of sanctions are distributed between EU and national law, and how this influences the costs of enforcement. The author's conclusions, which highlight the economic implications of the choices made by competition authorities, courts and legislators, will be of use to all the above in further developing EU competition policy. The PhD thesis on which this book is based was declared runner-up in the 2013 Concurrences Awards.
Author : Mattia Guidi
Publisher : Springer
Page : 186 pages
File Size : 45,5 Mb
Release : 2016-09-23
Category : Political Science
ISBN : 9781137588142
This book investigates the crucial EU policy of competition, which is enforced by the Commission and by national agencies that enjoy various degrees of autonomy from their governments. More and more policy-making activities are nowadays delegated to agencies that cannot be held accountable to parliaments, and ultimately to voters. The author explains why this is the case in the field of EU competition policy and discusses whether independence is linked to improved enforcement – as theories of delegation and common wisdom would suggest. These questions are explored with an in-depth analysis covering 27 EU countries for 17 years (1993–2009). While the results show that independence is given when countries lack credibility and good reputation, they also point out that autonomy from governments can hardly be associated with improved regulatory output. So, is independence of competition authorities useful to society in the end? This book will appeal to upper-level students and scholars interested in competition policy, regulatory agencies, and European public policy.
Author : Barbara Gabor
Publisher : Edward Elgar Publishing
Page : 349 pages
File Size : 46,5 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781003381
"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 : OUP Oxford
Page : 256 pages
File Size : 45,5 Mb
Release : 2013-07-11
Category : Law
ISBN : 9780191643798
Shedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration. Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe's construction, its hybrid institutional traits, and its often unique substance.
Author : Erik Jones,Anand Menon,Stephen Weatherill
Publisher : Oxford University Press
Page : 924 pages
File Size : 40,7 Mb
Release : 2012-08-30
Category : Political Science
ISBN : 9780199546282
The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.
Author : Carlo Maria Colombo,Kathryn Wright,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 43,7 Mb
Release : 2024-02-08
Category : Law
ISBN : 9781509951802
This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.
Author : Assimakis Komninos
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 47,8 Mb
Release : 2008-02-22
Category : Law
ISBN : 9781847314086
This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
Author : Claudio Lombardi
Publisher : Cambridge University Press
Page : 245 pages
File Size : 55,9 Mb
Release : 2020-01-02
Category : Law
ISBN : 9781108428620
Elucidates the concept of causation in competition law damages and outlines its practical implications through relevant case law.
Author : David Gerber
Publisher : Oxford University Press
Page : 415 pages
File Size : 46,8 Mb
Release : 2010-03-11
Category : Business & Economics
ISBN : 9780199228225
"This book examines competition law on the global level and reveals its often complex and little-understood dynamics. It focuses on the interactions between national and international legal regimes that are central to these dynamics and a key to understanding them." --Book Jacket.
Author : Jurgen Basedow,Stephanie Francq,Laurence Idot
Publisher : Bloomsbury Publishing
Page : 520 pages
File Size : 40,5 Mb
Release : 2012-02-03
Category : Law
ISBN : 9781847318879
The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.
Author : Mitchell P. Smith
Publisher : State University of New York Press
Page : 258 pages
File Size : 40,5 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791482834
As economic competition is introduced into areas formerly served by public sector monopolies, to what extent do governments lose discretion over their use of the public sector? States of Liberalization examines the impact of the European Union's rigorous single-market competition policy on the abilities of Western European governments to use the public sector to achieve political objectives. Examining several politically contentious sectors, including government purchasing of goods and services, postal services, and public sector financial institutions, Mitchell P. Smith explores and explains the scope and the limits of this transformation. While European economic integration and the application of European Community competition policy have substantially infused competition into public services, the process has been more modest, and more deliberate, than a simple reading of Europe's potent market-making mechanisms would predict.
Author : Tonya L. Putnam
Publisher : Cambridge University Press
Page : 331 pages
File Size : 40,8 Mb
Release : 2016-08-04
Category : Law
ISBN : 9781107137097
This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.
Author : Wolfram Kaiser,Peter Starie
Publisher : Routledge
Page : 500 pages
File Size : 43,9 Mb
Release : 2005-11-16
Category : Political Science
ISBN : 9781134216963
At the beginning of the twenty-first century, the European Union is an increasingly dense transnational social and political space. More and more non-governmental organisations develop transnational links, which are usually more intensive within the EU, even if they often extend beyond its borders to the wider world. This multi-disciplinary volume explores the importance of these structures, actors and relations for EU and European governance in the context of the theoretical debate about European integration in the social sciences. This book delivers: theoretical chapters examining and discussing the main conceptual perspectives to studying the transnational EU to provide a current overview empirical case studies of transnationalism in practice on transnational party, trade union and police cooperation to transnational education policy-making and transnational consensus-building in EMU governance. This volume will be of great interest to students in social sciences, contemporary history and law.