The Evolution Of European Competition Law

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The Evolution of European Competition Law

Author : Hanns Ullrich
Publisher : Edward Elgar Publishing
Page : 379 pages
File Size : 53,7 Mb
Release : 2006-01-01
Category : History
ISBN : 9781847201867

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The Evolution of European Competition Law by Hanns Ullrich Pdf

Professor Ullrich is thoughtful and attracted star scholars from many countries, so the papers and discussion are provocative and introduce recent economic thinking, although many are written by lawyers. . . The text is lucid and interesting, the thought innovative and anyone seriously interested in competition policy should read these papers and the comments with pleasure. Valentine Korah, World Competition This collection of papers and comments deserves to be widely read, and it should appeal to academics and practitioners alike. The great mix of topics and the variety of views offered make this a very stimulating contribution to the discussion of the new paradigm of EC competition law, the more economic approach, and its implications for the application and interpretation of the various EU antitrust rules. Thomas Eilmansberger, European Law Journal The editor should be congratulated for bringing together this diverse group of scholars whose spirited disagreements remind one of the many challenges faced in exploring the role and function of competition law. Giorgio Monti, European Review of Contract Law With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition, which it does by reviewing the following subjects: foundations of competition policy in the EU and the US strategic competition policy the evolution of European competition law from a national (Italian) perspective the block exemption of vertical agreements after four years the new Technology Transfer Block Exemption cooperative networking mergers in the media sector abuse of market power concepts of competition in sector specific regulation competition, regulation and systems coherence efficiency claims in EU competition law and sector specific regulation. The Evolution of European Competition Law will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.

The Historical Foundations of EU Competition Law

Author : Kiran Klaus Patel,Heike Schweitzer
Publisher : Oxford University Press
Page : 256 pages
File Size : 46,5 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.

The Normative Foundations of European Competition Law

Author : Oles Andriychuk
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 53,9 Mb
Release : 2017-08-25
Category : Law
ISBN : 9781786436078

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The Normative Foundations of European Competition Law by Oles Andriychuk Pdf

Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.

Competition Law of the European Union

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
Page : 1618 pages
File Size : 47,7 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.

The Shaping of EU Competition Law

Author : Pablo Ibez Colomo
Publisher : Cambridge University Press
Page : 389 pages
File Size : 42,5 Mb
Release : 2018-07-12
Category : Law
ISBN : 9781108429429

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The Shaping of EU Competition Law by Pablo Ibez Colomo Pdf

A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.

The Shaping of EU Competition Law

Author : Pablo Ibáñez Colomo
Publisher : Cambridge University Press
Page : 0 pages
File Size : 49,9 Mb
Release : 2020-01-30
Category : Law
ISBN : 1108818900

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The Shaping of EU Competition Law by Pablo Ibáñez Colomo Pdf

Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.

European Competition Law

Author : Michel Waelbroeck,Aldo Frignani
Publisher : BRILL
Page : 1102 pages
File Size : 43,6 Mb
Release : 2022-03-28
Category : Law
ISBN : 9789004505780

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European Competition Law by Michel Waelbroeck,Aldo Frignani Pdf

This prodigious resource responds superbly to the need for a detailed and comprehensive analysis of European competition law that covers theory and practice, public and private enterprise, rules and procedures, disputes and jurisprudence. With numerous case studies from the entire history of the EC, European Community Law analyzes all the EC Treaty provisions relating to competition, as well as their superstructure of regulations and directives. Published under the Transnational Publishers imprint.

The Politics of European Competition Regulation

Author : Hubert Buch-Hansen,Angela Wigger
Publisher : Routledge
Page : 201 pages
File Size : 52,7 Mb
Release : 2011-03-07
Category : Political Science
ISBN : 9781136808937

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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.

The Politics of European Competition Regulation

Author : Hubert Buch-Hansen,Angela Wigger
Publisher : Routledge
Page : 232 pages
File Size : 43,6 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.

Handbook on European Competition Law

Author : Ioannis Lianos,Damien Geradin
Publisher : Edward Elgar Publishing
Page : 688 pages
File Size : 44,9 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.

European Competition Law

Author : Lorenzo Federico Pace
Publisher : Edward Elgar Publishing
Page : 193 pages
File Size : 50,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857933133

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European Competition Law by Lorenzo Federico Pace Pdf

This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission'sinvestigations, for example, the opened procedure against Google. Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (including France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.

Experimentalist Competition Law and the Regulation of Markets

Author : Yane Svetiev
Publisher : Bloomsbury Publishing
Page : 290 pages
File Size : 48,6 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.

Coherence in EU Competition Law

Author : Wolf Sauter
Publisher : Oxford University Press
Page : 352 pages
File Size : 42,6 Mb
Release : 2016-05-26
Category : Law
ISBN : 9780191065989

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Coherence in EU Competition Law by Wolf Sauter Pdf

EU competition law plays a central role in the process of European integration both as a multifaceted tool for creating and policing the internal market as well as in organising national markets. Yet as a consequence of this role it is also subject to increasingly complex demands, a proliferation of (sectoral) regimes, and multiple objectives at both an EU and national level. This profligacy entails risks of fragmentation and divergence - which could jeopardise the proper functioning of the internal market. In this examination of EU competition law, Wolf Sauter discusses three main issues: (i) what degree of coherence exists in EU competition law; (ii) how this coherence can be explained, particularly in the broader context of integration by EU law; and (iii) how it contributes to the legitimacy and effectiveness of EU competition law. Specific focus is placed on antitrust, while mergers, state aid control, as well as the sectoral regimes for energy and electronic communications are also examined. In addition the book also charts the history and framework of these competition regimes that jointly constitute EU competition law, defining both its objectives and limitations.

Public Services and EU Competition Law

Author : Daniele Gallo
Publisher : Taylor & Francis
Page : 132 pages
File Size : 43,9 Mb
Release : 2022-06-09
Category : Law
ISBN : 9781000589290

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Public Services and EU Competition Law by Daniele Gallo Pdf

This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.