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The Reform of EC Competition Law by Ioannis Kokkoris,Ioannis Lianos Pdf
This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
Author : Barry E. Hawk Publisher : Juris Publishing, Inc. Page : 606 pages File Size : 41,8 Mb Release : 2002-10-01 Category : Law ISBN : 9781578231164
1 Hardcover Volume.This volume includes selected chapters from the annual proceedings of the Fordham Corporate Law Institute. The general subject is the reform of EC competition law enforcement. This has been the subject of many Fordham conferences over the years. Indeed, EC Commission officials have stated that the modern reform proposals presently being considered had their roots at Fordham.The present volume includes seminal articles and critiques of the EC competition law regime as well as very recent discussions of the Commission's proposal for reform. Because much of the literature on EC competition law reform is scattered, the present volume should be useful in including in one place a broad selection of articles and roundtable discussions.The chapters cover not only institutional and jurisdictional issues like decentralization and sharing of powers between the Commission and the EC member states, but also substantive issues like the scope of Article 81 and the rule(s) of reason. These and other issues are examined from both an analytical and historical perspective which greatly facilitates understanding of the future implications of the reform measures presently being debated.In sum, the chapters are not merely of historical interest: problems and questions of ongoing importance are discussed.
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.
Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of ‘consumer welfare’ with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field – comparing and contrasting two major systems of competition law – but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.
Private Enforcement of EC Competition Law by Jurgen Basedow,Jürgen Basedow Pdf
The European Commission's recent green paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; relevance of the case law that contributes to general principles of European tort law; comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; calculation of damages; passing-on of losses sustained in an upstream market to customers in a downstream market; procedural devices which may help to overcome the lack of implementation; duties of disclosure and the burden of proof; collective actions that may help to overcome the rational abstention of individuals; pitfalls of leniency programmes implemented by national competition authorities; and, issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.
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 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.
Monti explores the development of EC competition law through an interdisciplinary approach, focusing on the political and economic considerations that affect the way the rules are interpreted. Written with competition law students in mind, it should also be of interest to undergraduate and postgraduate students of EU politics and economics.
EC Competition Law and Intellectual Property Rights by Steven D. Anderman Pdf
This book provides a template of the EC competition law rules as they relate to IPRs. Author Steven Anderman explores how such a template can be applied to existing IPRs and adapted to new technologies such as telecommunications and information technology.
Now expanded, thoroughly revised, and up-to-date, the book includes, for the first time, a discussion of the Merger Regulation. Described in the Cambridge Law Journal as "perceptive and readable", and in the European Competition Law Review as "a welcome addition to the literature", this book will continue to be a popular work among students and practitioners of law.
The 'Right to Damages' under EU Competition Law by Veljko Milutinovic Pdf
It is the provocative thesis of this book that the Commission’s struggle for a more ‘effective’ system of private enforcement has gone from being a mere enhancement of a single EU policy (competition) to slowly but surely fuelling a paradigm shift in EU law.
