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| Author | : Assimakis P. Komninos |
| Publisher | : |
| Total Pages | : 436 |
| Release | : 2006 |
| Genre | : Antitrust law |
| ISBN | : |
| Author | : Adriana Almășan |
| Publisher | : Springer |
| Total Pages | : 295 |
| Release | : 2017-01-04 |
| Genre | : Law |
| ISBN | : 3319473824 |
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
| Author | : Rein Wesseling |
| Publisher | : Hart Publishing |
| Total Pages | : 272 |
| Release | : 2000-07 |
| Genre | : Business & Economics |
| ISBN | : 1841131210 |
In light of criticism in recent years of the European Community's competition law, Amsterdam lawyer Wesseling tries to clarify the current challenges to the policy by examining the origins of the competition law system. He begins by tracing the policy's development from the European Economic Community, established in 1958, and the European Union of today. Then he addresses the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and the Member States, the decentralized enforcement of Community law, and other issues. His conclusions differ considerably from the Commission's recent white paper. Distributed in the US by ISBS. c. Book News Inc.
| Author | : Claus-Dieter Ehlermann |
| Publisher | : Hart Publishing |
| Total Pages | : 681 |
| Release | : 2001-05-21 |
| Genre | : Law |
| ISBN | : 184113242X |
The materials of a 2000 debate on the proposals made by the European Commission for the reform and decentralisation of EC antitrust enforcement.
| Author | : Jules Stuyck |
| Publisher | : Intersentia nv |
| Total Pages | : 214 |
| Release | : 2002 |
| Genre | : Antitrust law |
| ISBN | : 9050952224 |
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.
| Author | : Claus-Dieter Ehlermann |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 520 |
| Release | : 2003-07-22 |
| Genre | : Law |
| ISBN | : 1847310486 |
The European Competition Law Annual 2001 is the sixth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The volume reproduces the materials of the roundtable debate that took place at the sixth edition of the Workshop (1-2 June 2001),which examined the conditions for an effective private enforcement of EC antitrust rules. The application of EC antitrust rules in the context of private litigation before national courts and arbitration tribunals is becoming a highly topical subject against the background of the on-going debate about the decentralisation of EC antitrust enforcement. The participants – a group of senior representatives of the Commission, national judges, arbitrators, renowned academics and international legal experts in the field of antitrust - discussed in particular the following aspects: a) the availability and effectiveness of substantive remedies in the enforcement of EC antitrust rules at the EU level in general and in four major EU jurisdictions in particular (England, France, Italy and Germany); b) the procedural issues arising in the enforcement of EC antitrust rules by national courts in four EU jurisdictions (England, France, Italy and Germany) and at the EU level in general; c) the problems arising in the application of Article 81(3) EC by arbitration tribunals. In addition to these issues, the participants also discussed whether the public enforcement of EC antitrust rules could be rendered more efffective by introducing sanctions applicable to the individuals responsible for their violation.
| Author | : Damien Geradin |
| Publisher | : Intersentia nv |
| Total Pages | : 404 |
| Release | : 2004 |
| Genre | : Antitrust law |
| ISBN | : 9050954324 |
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.
| Author | : D. G. Goyder |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 592 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9780199261451 |
This work has become firmly established as one of the leading texts in its field. It contains not only a full account of the substantive law in the context of its historical development, but also a thorough assessment of its practical effectiveness and likely future development. This fourth edition incorporates much new material as a result of the many changes to EC competition law over the last five years. In particular, there is now coverage of distribution agreements under the revised block exemption, the Commission's major and successful campaign against cartels, the application and interpretation of Article 82, and the controversial topic of the Merger Regulation, where major changes are in train. Also new to this edition is a detailed review of the Commission's modernization programme, set from 2004 to decentralize much of the application of competition policy to national courts and competition authorities, and an analysis of the problems it may encounter.
| Author | : J. M. van Wijk |
| Publisher | : |
| Total Pages | : 320 |
| Release | : 1999 |
| Genre | : Law |
| ISBN | : 9781901362893 |
| Author | : Ioannis Kokkoris |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 626 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 9041126929 |
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.
