Fairness In Eu Competition Policy

Author : Damien Gerard,Assimakis Komninos,Denis Waelbroeck
Publisher : Bruylant
Page : 167 pages
File Size : 41,5 Mb
Release : 2020-06-03
Category : Law
ISBN : 9782802767183

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Fairness in EU Competition Policy : Significance and Implications by Damien Gerard,Assimakis Komninos,Denis Waelbroeck Pdf

The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.

Author : College of Europe (Bruges, Belgium). Global Competition Law Centre. Annual Conference
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2020
Category : Restraint of trade
ISBN : OCLC:1310611980

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Fairness in EU Competition Policy by College of Europe (Bruges, Belgium). Global Competition Law Centre. Annual Conference Pdf

Author : Baskaran Balasingham
Publisher : Kluwer Law International B.V.
Page : 296 pages
File Size : 49,8 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041184801

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The EU Leniency Policy by Baskaran Balasingham Pdf

The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.

Author : Haukur Logi Karlsson
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 47,9 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781509935437

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Conceptualising Procedural Fairness in EU Competition Law by Haukur Logi Karlsson Pdf

What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME–Chalkor cases; - the Groupe Gascogne cases; - the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 40,9 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Author : Paul Nihoul,Tadeusz Skoczny
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 44,9 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781785360060

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Procedural Fairness in Competition Proceedings by Paul Nihoul,Tadeusz Skoczny Pdf

How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.

Author : Ioannis Lianos,Damien Geradin
Publisher : Edward Elgar Publishing
Page : 688 pages
File Size : 43,5 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781781006023

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Handbook on European Competition Law by Ioannis Lianos,Damien Geradin Pdf

This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

Author : Wilhelm Osterdahl
Publisher : GRIN Verlag
Page : 15 pages
File Size : 51,6 Mb
Release : 2024-02-12
Category : Political Science
ISBN : 9783963552212

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The European Union Competition Policy. Maintaining Efficiency and Fairness in the Single Market by Wilhelm Osterdahl Pdf

Essay from the year 2016 in the subject Business economics - Economic Policy, grade: 2,0, Manchester Metropolitan University Business School, course: Dynamic Business Environment, language: English, abstract: This assignment will discuss how efficiency and fairness is maintained in the single market through the European Union Competition Policy. It will begin with a brief explanation about the EU and how it was created, discuss and critically analyse the role of the European Competition Commission. Conclusions will be drawn by providing case study examples and perspectives from several academic authors.

Author : Barbora Jedlicková
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 45,6 Mb
Release : 2016-03-25
Category : Law
ISBN : 9781783477746

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Resale Price Maintenance and Vertical Territorial Restrictions by Barbora Jedlicková Pdf

Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.

Author : European Commission. Directorate-General for Competition,European Commission
Publisher : Unknown
Page : 30 pages
File Size : 52,9 Mb
Release : 2004
Category : Business enterprises
ISBN : STANFORD:36105121858067

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EU Competition Policy and the Consumer by European Commission. Directorate-General for Competition,European Commission Pdf

Recoge:1. Making sure companies play fair - 2. Examinig mergers - 3. Opening up markets to competition - 4. Monitoring state aid - 5. International cooperation.

Author : Andriani Kalintiri
Publisher : Bloomsbury Publishing
Page : 287 pages
File Size : 46,7 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781509919673

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Evidence Standards in EU Competition Enforcement by Andriani Kalintiri Pdf

What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.

Author : A. Andreangeli
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 55,5 Mb
Release : 2008-01-01
Category : Political Science
ISBN : 9781848442672

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EU Competition Enforcement and Human Rights by A. Andreangeli Pdf

. . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.

Author : Daniel Zimmer
Publisher : Edward Elgar Publishing
Page : 529 pages
File Size : 47,5 Mb
Release : 2012
Category : Law
ISBN : 9780857936615

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The Goals of Competition Law by Daniel Zimmer Pdf

What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare. The book brings together contributions on the relevance of different welfare standards, on the concept of 'freedom to compete' and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as mar.

Author : Parcu, Pier L.,Monti, Giorgio,Botta, Marco
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 48,9 Mb
Release : 2021-12-10
Category : Law
ISBN : 9781800370197

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Economic Analysis in EU Competition Policy by Parcu, Pier L.,Monti, Giorgio,Botta, Marco Pdf

This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.

Author : Alasdair Murray
Publisher : Unknown
Page : 59 pages
File Size : 48,7 Mb
Release : 2004
Category : Antitrust law
ISBN : 1901229580

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A Fair Referee? by Alasdair Murray Pdf

The EU's policies for enforcing competition in the single market and restricting state subsidies are among its biggest success stories. But the way the European Commission 'referees' state aid and competition cases is coming under increasing attack. Some EU governments, most notably France and Germany, argue the Commission is over zealous, in its approach - holding back the creation of European 'champions'. Meanwhile, many in the US accuse the Commission of being too interventionist and anti-American. This new CER pamphlet advises the Commission to stand firm against those who seek to water down the EU's state aid and competition policies. The promotion of national champions does not save jobs and it inflicts considerable costs on other businesses. Instead, the Commission should focus on modernising EU competition policies. It should make its decision-making more transparent to show that there is no political interference in the process. For example, the competition commissioner should set out in an open letter his or her decision on a merger or anti-trust case. This letter should then be made public after the full Commission has taken a final decision.The Commission should also pay much greater attention to the needs of consumers rather than competitors. It should create a new consumers affairs directorate-general which could act as powerful advocate for Europe's consumers in all commission policies. Above all, the Commission should ensure that its competition policies support the EU's economic reform agenda. It should aim to raise the overall level of competition within the EU's single market, rather than simply policing mergers and anti-trust cases. Thus it should place much more emphasis on scrutinising the barriers to competition posed by regulation and help to ensure a level playing field across Europe.