The Interplay Between European And National Competition Law After Regulation 1 2003

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The Interplay between European and National Competition Law after Regulation 1/2003

Author : Lúcio Tomé Feteira
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 50,6 Mb
Release : 2015-12-08
Category : Law
ISBN : 9789041156655

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The Interplay between European and National Competition Law after Regulation 1/2003 by Lúcio Tomé Feteira Pdf

If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the exception to the convergence rule in Article 3(2) of Regulation 1/2003, and the consequent effect on both legal practice and policy issues. In this lucidly argued book, focusing on national competition provisions in Germany, France, Italy, and the United Kingdom that deal with such conduct, the author provides a detailed examination of how such considerations as the following are affected by Regulation 1/2003: - prohibition of abuse of economic dependence or superior bargaining power; - the particular susceptibility of long-term contracts; - prohibition of resale at a loss or below cost; - prohibition of boycott, unlawful pressures, threats, and other coercive tactics adopted by undertakings; and - the role of unfair competition law. The analysis follows a functional method of comparative legal analysis, reviewing the most relevant norms in the selected jurisdictions, particularly in what concerns their goals and function in the context of their respective legal systems. Special attention is paid to two specific sectors – the motor-vehicle and the retailing industries – which have most often triggered relevant legislation and case law in the jurisdictions covered. Legal scholarship in the field is also drawn upon. In its clarification of the meaning of Regulation 1/2003, this book allows practitioners to fully grasp its scope. The author's thorough, masterful analysis of the statutory framework of Article 3 of the regulation also reveals the variety of reasons why different Member States have different competition policies on the scope of the exception to the rule of convergence, and in this way provides lawyers, policymakers, and academics with welcome insights on how major EU jurisdictions apply European competition law.

Modernisation and Enlargement

Author : Damien Geradin
Publisher : Intersentia nv
Page : 404 pages
File Size : 55,7 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.

European Competition Law

Author : Lennart Ritter,W. David Braun
Publisher : Kluwer Law International B.V.
Page : 1248 pages
File Size : 51,8 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041122582

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European Competition Law by Lennart Ritter,W. David Braun Pdf

No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalisation, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep rethinking their practices and procedures and issuing new regulations. Now, in the wake of its highly acclaimed predecessors, the new Third Edition of European Competition Law offers the practitioner everything required to act in accordance with the latest developments in the field. Along with the thorough guide to continuing practice that its readers have come to expect, European Competition Law in its Third Edition fully covers such areas as the following: the Commission's new assessment of distribution practices and vertical restraints, in particular the block exemptions granted by Regulations 2790/1999 and 1400/2002; procedure before national competition authorities and national courts for enforcement of European rules under Regulation 1/2003; the new Merger Control Regulation in force as of 1 May 2004; the new Transfer of Technology Regulation; and, the increased fines for hard-core cartel practices or abuse of dominant market position. The Third Edition is remarkable in that it actually previews the substantive and procedural rules that will be coming into effect during 2004 and subsequent years. And, like prior editions, the work has no peer in its coverage of past administrative practice and the case law of the Court of Justice. All in all, European Competition Law, Third Edition, will be of immeasurable value to practitioners who need to keep informed about how EC competition laws are applied, so they can continue to render practical, meaningful advice to firms whose agreements, transactions and conduct in the marketplace are governed by competition rules.

Competition Law in the EU

Author : Johan W. van de Gronden
Publisher : Edward Elgar Publishing
Page : 500 pages
File Size : 46,5 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781788974752

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Competition Law in the EU by Johan W. van de Gronden Pdf

This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also emphasises the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks.

The Historical Foundations of EU Competition Law

Author : Kiran Klaus Patel,Heike Schweitzer
Publisher : OUP Oxford
Page : 256 pages
File Size : 51,6 Mb
Release : 2013-07-11
Category : Law
ISBN : 9780191643798

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

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.

EU Competition and State Aid Rules

Author : Vesna Tomljenović,Nada Bodiroga-Vukobrat,Vlatka Butorac Malnar,Ivana Kunda
Publisher : Springer
Page : 313 pages
File Size : 52,6 Mb
Release : 2017-12-28
Category : Law
ISBN : 9783662479629

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EU Competition and State Aid Rules by Vesna Tomljenović,Nada Bodiroga-Vukobrat,Vlatka Butorac Malnar,Ivana Kunda Pdf

This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.

Side Effects of the Modernisation of EU Competition Law

Author : Laura Parret
Publisher : Unknown
Page : 0 pages
File Size : 55,6 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.

EU Competition Law

Author : Gian Luigi Tosato
Publisher : Unknown
Page : 964 pages
File Size : 43,7 Mb
Release : 2012
Category : Antitrust law
ISBN : 9077644199

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EU Competition Law by Gian Luigi Tosato Pdf

Competition Law in the Eu

Author : Johan W Van de Gronden,Catalin S Rusu
Publisher : Unknown
Page : 0 pages
File Size : 54,5 Mb
Release : 2024-05-28
Category : Electronic
ISBN : 1035318334

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Competition Law in the Eu by Johan W Van de Gronden,Catalin S Rusu Pdf

This thoroughly revised and updated second edition provides an enhanced understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control, the Digital Markets Act and state aid law. While considering well-established doctrines and landmark judgements, the textbook also addresses recent developments such as digitalisation, sustainability and globalisation, and how these issues will influence future inquiry into competition law. This incisive textbook is an invaluable resource for advanced undergraduate and postgraduate students and scholars of competition and European law. It is additionally beneficial for researchers and practitioners of comparative competition law; in particular, it is a useful guide for in-house company training courses. Key Features: New discussions on the Digital Markets Act and the Foreign Subsidies Regulation Critical assessment of the impact of recent developments such as sustainability and globalisation on competition law Analysis of the interplay between domestic and European competition law through discussion of national competition rules and frameworks Evaluation of the role of enforcement in competition law

European Union Competition Law

Author : Gian Luigi Tosato,Leonardo Bellodi
Publisher : Claeys & Casteels Pub
Page : 705 pages
File Size : 44,5 Mb
Release : 2006
Category : Law
ISBN : 9077644040

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European Union Competition Law by Gian Luigi Tosato,Leonardo Bellodi Pdf

With the adoption of Regulation 1/2003 at the end of 2002 and Regulation 773/2004 in April 2004, the procedures organising the enforcement of Community EU law, at both the national and Community level, have undergone a major transformation. In particular, these reforms have made Articles 81 and 82 directly applicable in full, changed the manner in which undertakings might get legal security regarding their agreements and provide for a much greater role in Community competition law enforcement for national competition authorities. This title gives a complete working guide to these new procedures as well as a detailed examination of Court jurisprudence in this complex and important area of law. This entirely new title looks at the new EU Competition Procedures following the reform in 2003. It provides a working guide to dealing with the Commission, national competition authorities and the courts. This book provides practicioners and academics with a clear and comprehensive guide in this field.

Day-to-Day Competition Law

Author : Patrick Hubert,Marie Leppard,Olivier Lécroart
Publisher : Primento
Page : 300 pages
File Size : 45,7 Mb
Release : 2014-06-05
Category : Law
ISBN : 9782802746324

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Day-to-Day Competition Law by Patrick Hubert,Marie Leppard,Olivier Lécroart Pdf

Companies today must consider and comply with competition law in their daily business management. The financial and reputational risks for breaching such rules are severe and the success of many merger and acquisition projects depends very much on it. While competition law rules become increasingly sophisticated, business people are still expected to comply with it. Rather than giving a theoretical approach that can be found in a typical practitioner’s book or textbook, «Day-to-Day competition law: a practical guide for businesses» is genuinely a practical book. The interaction between theory and practice is the main feature of the book. Major competition law issues are explained in a jargon-free manner and summarized in a nutshell at the end of each chapter. Not only will the reader gain an understanding of competition law rules, but also will gain a better understanding on how a company can behave and what to do if it is subject to an investigation by the competition authorities. This practical guidance may serve as a platform for designing internal in-house rules governing behaviour in relation to competition law, and may also trigger a revision of such rules in light of some of the issues raised by the authors. While a particular focus is drawn on the EU – as the EU competition law system is replicated in a large number of countries around the world – reference to differing rules and other key jurisdictions such as the United States is also made. This book is written to appeal to business people, as well as non-specialized in-house lawyers, and all those who wish to understand competition law in a clear and practical way. The authors’ experience in the field of competition law ranges from leading investigations on behalf of competition authorities to applying competition law in a major global company in its daily activities, and advising multinational clients of one of the world’s leading law firms. It is this professional insight which provides the reader with an invaluable inside view of all aspects of competition law, from the way authorities think to the impacts competition law has on businesses.

Ne Bis in Idem in EU Law

Author : Bas van Bockel
Publisher : Cambridge University Press
Page : 263 pages
File Size : 48,9 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781107087064

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Ne Bis in Idem in EU Law by Bas van Bockel Pdf

This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.

Regulation 1/2003 and EU Antitrust Enforcement

Author : Luca Prete,Kris Dekeyser,Celine Gauer,Johannes Laitenberger,Nils Wahl
Publisher : Kluwer Law International B.V.
Page : 1148 pages
File Size : 52,5 Mb
Release : 2022-11-22
Category : Law
ISBN : 9789403535456

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Regulation 1/2003 and EU Antitrust Enforcement by Luca Prete,Kris Dekeyser,Celine Gauer,Johannes Laitenberger,Nils Wahl Pdf

For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.

Handbook on European Competition Law

Author : Ioannis Lianos,Damien Geradin
Publisher : Edward Elgar Publishing
Page : 688 pages
File Size : 41,8 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.

Private Enforcement of European Competition and State Aid Law

Author : Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 44,7 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403502106

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Private Enforcement of European Competition and State Aid Law by Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers Pdf

Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.