Modernisation Of European Competition Law

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Modernisation and Enlargement

Damien Geradin
Modernisation and Enlargement Book PDF

Author : Damien Geradin
Publisher : Intersentia nv
Page : 404 pages
File Size : 44,6 Mb
Release : 2004
Category : Antitrust law
ISBN : 9789050954327

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Modernisation and Enlargement by Damien Geradin Pdf

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 Modernisation of EU Competition Law Enforcement in the European Union

Dermot Cahill,John D. Cooke,Wouster Wils
The Modernisation of EU Competition Law Enforcement in the European Union Book PDF

Author : Dermot Cahill,John D. Cooke,Wouster Wils
Publisher : Cambridge University Press
Page : 758 pages
File Size : 41,6 Mb
Release : 2004-06-17
Category : Business & Economics
ISBN : 0521605598

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The Modernisation of EU Competition Law Enforcement in the European Union by Dermot Cahill,John D. Cooke,Wouster Wils Pdf

An international survey covering the domestic anti-trust laws of 25 EU member states.

Modernisation of European Competition Law

Jules Stuyck,Hans Gilliams,Elke Ballon
Modernisation of European Competition Law Book PDF

Author : Jules Stuyck,Hans Gilliams,Elke Ballon
Publisher : Intersentia nv
Page : 214 pages
File Size : 53,5 Mb
Release : 2002
Category : Antitrust law
ISBN : 9789050952224

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Modernisation of European Competition Law by Jules Stuyck,Hans Gilliams,Elke Ballon Pdf

The idea of the Modernisation of European Competition Law had been launched by the Commission in late 2000 in a White Paper. The Commission proposed to decentralise the application of the EC competition rules: national authorities and judges would receive new competencies in this area. The modernisation process should dramatically change the scene. Current expectations are that there is a fair chance that the Commission's proposal will be adopted, with some amendments, by the Council before the end of 2002. Following the publication of the White Paper, the Leuven Centre for a Common Law of Europe decided to devote a conference to the subject of Modernisation of EC Competition Law in June 2001. At the time of the Conference, the modernisation idea had been followed by a draft Regulation implementing Articles 81 and 82 EC. This book contains the papers that were delivered at the conference. These papers examine the salient features of the proposed reform and discuss its consequences for European and national competition law and practice. Special emphasis is placed on private enforcement of EC antitrust rules. The editors added a general introduction, setting out the highlights of the modernisation debate, as it was conducted in Leuven. Therefore this book will help to understand this single most important reform of EC competition law since its conception. Contributions to this book are made by Thomas C. Arthur, Sir Christopher Bellamy, Ludo Cornelis, Wouter Devroe, Hans Gilliams, Luc Gyselen, Koen Lenaerts, Jules Stuyck, John Temple Lang, Marc van der Woude and Walter van Gerven.

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 : 47,5 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.

Side Effects of the Modernisation of EU Competition Law

Laura Parret
Side Effects of the Modernisation of EU Competition Law Book PDF

Author : Laura Parret
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2011
Category : Antitrust law
ISBN : 9058506193

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Side Effects of the Modernisation of EU Competition Law by Laura Parret Pdf

This book offers an investigation of several aspects of the so-called modernization of EU competition law. It brings together a number of articles written between 2005 and 2010, supplemented by an overall analysis and forward looking conclusion. Modernization affected both the enforcement of competition law (the entry into Reg. 1/2003 and decentralization), as well as the substantive application of the law (a more economical approach). Five subjects are dealt with in consequent chapters. They all touch on, sometimes unintended, the important side effects of modernization. The first subject is the level of individual judicial protection offered by the EU courts. The second subject is the interstate trade clause which has acquired a new role after modernization. The third subject is highly relevant in practice, namely the rules on proof in cartel cases. The book then goes on to examine the crucial issue of the objectives of EU competition law and, finally, devotes an article to the challenging question whether there is still a role for the principle of national procedural autonomy and what effectiveness still requires now in terms of further harmonization of national procedures. In a substantial last chapter, the different essays and articles are drawn together and a number of fundamental issues are addressed: the relationship between competition policy and the internal market, the pressures put on the institutional and procedural framework by substantive modernization, the difficult relationship between decentralization, convergence and consistency, and the need for a sufficient system of judicial protection at the EU level.

Modernisation and Decentralisation of EC Competition Law

Josbe Rivas
Modernisation and Decentralisation of EC Competition Law Book PDF

Author : Josbe Rivas
Publisher : Springer
Page : 0 pages
File Size : 42,6 Mb
Release : 2000-11-24
Category : Law
ISBN : 9041114424

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Modernisation and Decentralisation of EC Competition Law by Josbe Rivas Pdf

The result of a conference held in London in September 1999, the papers in this text discuss issues surrounding the European Commission's White Paper published in April 1999. This paper is concerned with the evolution of competition law in the European Union.

European Competition Law Annual 2000

Claus-Dieter Ehlermann,Isabela Atanasiu
European Competition Law Annual 2000 Book PDF

Author : Claus-Dieter Ehlermann,Isabela Atanasiu
Publisher : Hart Publishing
Page : 681 pages
File Size : 49,6 Mb
Release : 2001-05-21
Category : Law
ISBN : 9781841132426

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European Competition Law Annual 2000 by Claus-Dieter Ehlermann,Isabela Atanasiu Pdf

The materials of a 2000 debate on the proposals made by the European Commission for the reform and decentralisation of EC antitrust enforcement.

The Transformation of EU Competition Law: Next Generation Issues

Adina Claici,Assimakis Komninos,Denis Waelbroeck
The Transformation of EU Competition Law Next Generation Issues Book PDF

Author : Adina Claici,Assimakis Komninos,Denis Waelbroeck
Publisher : Kluwer Law International B.V.
Page : 441 pages
File Size : 44,6 Mb
Release : 2023-05-12
Category : Law
ISBN : 9789403501161

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The Transformation of EU Competition Law: Next Generation Issues by Adina Claici,Assimakis Komninos,Denis Waelbroeck Pdf

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.

Technology Transfer and the New EU Competition Rules

Steven D. Anderman,John Kallaugher
Technology Transfer and the New EU Competition Rules Book PDF

Author : Steven D. Anderman,John Kallaugher
Publisher : Unknown
Page : 400 pages
File Size : 55,6 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105064106250

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Technology Transfer and the New EU Competition Rules by Steven D. Anderman,John Kallaugher Pdf

The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the modernisation reforms of EC competition law; and (ii) the treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation; the authors discuss their legal basis and, where appropriate, criticise the approach taken by the Guidelines where the legal basis is unsure.

The Politics of European Competition Regulation

Hubert Buch-Hansen,Angela Wigger
The Politics of European Competition Regulation Book PDF

Author : Hubert Buch-Hansen,Angela Wigger
Publisher : Routledge
Page : 232 pages
File Size : 47,9 Mb
Release : 2011-03-07
Category : Political Science
ISBN : 9781136808920

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The Politics of European Competition Regulation by Hubert Buch-Hansen,Angela Wigger Pdf

The Politics of European Competition Regulation provides an original and theoretically informed account of the political power struggles that have shaped the evolution of European competition regulation over the past six decades. Applying a critical political economy perspective, this book analyses the establishment and development of competition regulation at European Community and national level since the 1950s. It puts forth the central argument that competition regulation came to reflect the broader shift towards a neoliberal order since the 1980s. Buch-Hansen and Wigger argue that this shift, which took place against the background of the gradual transnationalisation of capitalist production and the economic crisis of the late 1970s, was driven by the European Commission in alliance with the emerging transnational capitalist class. The authors examine the political responses to the current global economic crisis in the fields of state aid, cartel prosecution and merger control and conclude that an alternative type of competition regulation, which forms part of a much broader transformation of the current socioeconomic order, is needed. This book will be of interest to students and scholars of (global) political economy, European integration and competition law.

Experimentalist Competition Law and the Regulation of Markets

Yane Svetiev
Experimentalist Competition Law and the Regulation of Markets Book PDF

Author : Yane Svetiev
Publisher : Bloomsbury Publishing
Page : 290 pages
File Size : 49,6 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509910663

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Experimentalist Competition Law and the Regulation of Markets by Yane Svetiev Pdf

This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.

The Evolving Governance of EU Competition Law in a Time of Disruptions

Carlo Maria Colombo,Kathryn Wright,Mariolina Eliantonio
The Evolving Governance of EU Competition Law in a Time of Disruptions Book PDF

Author : Carlo Maria Colombo,Kathryn Wright,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 369 pages
File Size : 45,7 Mb
Release : 2024-02-08
Category : Law
ISBN : 9781509951819

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The Evolving Governance of EU Competition Law in a Time of Disruptions by Carlo Maria Colombo,Kathryn Wright,Mariolina Eliantonio Pdf

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.

The Notion of Restriction of Competition

Damien Gerard,Massimo Merola,Bernd Meyring
The Notion of Restriction of Competition Book PDF

Author : Damien Gerard,Massimo Merola,Bernd Meyring
Publisher : Bruylant
Page : 337 pages
File Size : 54,9 Mb
Release : 2017-03-16
Category : Law
ISBN : 9782802757559

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The Notion of Restriction of Competition by Damien Gerard,Massimo Merola,Bernd Meyring Pdf

The transformations induced by the process of “modernisation”, including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.

European Competition Law and Economics

Roger van den Bergh,Peter D. Camesasca
European Competition Law and Economics Book PDF

Author : Roger van den Bergh,Peter D. Camesasca
Publisher : Intersentia nv
Page : 617 pages
File Size : 54,8 Mb
Release : 2001
Category : Antitrust law
ISBN : 9789050951616

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European Competition Law and Economics by Roger van den Bergh,Peter D. Camesasca Pdf

The aim of this book is to explore the economic fundamentals of European competition law.

The Future of EU Competition Policy

Edward Bannerman
The Future of EU Competition Policy Book PDF

Author : Edward Bannerman
Publisher : Unknown
Page : 80 pages
File Size : 54,5 Mb
Release : 2002
Category : Antitrust law
ISBN : STANFORD:36105112644179

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The Future of EU Competition Policy by Edward Bannerman Pdf

As the chief enforcer of EU competition policy, the European Commission can make or break the world's biggest companies. Edward Bannerman argues that the Commission should hand over many of its powers to a European Competition Agency, to protect anti-trust investigations from political pressure.