competition policy in the eu fifty years on from the treaty of rome

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Competition Policy In The Eu

Author : Xavier Vives
ISBN : 9780191570605
Genre : Business & Economics
File Size : 20. 53 MB
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A volume that takes stock and looks ahead on the development and implementation of competition policy in the European Union fifty years after the Treaty of Rome. Competition policy has emerged as a key policy in the EU with competition acting as the driving force for economic efficiency and the welfare of citizens. Case law has been established to control and prevent anti-competitve behavior, state aid control has consolidated and evolved towards a more economic approach, and the authority of the EC and the judicial review of the Court of the First Instance (CFI) and the European Court of Justice (ECJ) are firmly etsablished. The book provides an economic approach to competition policy and reflects the main areas of interest, open issues and progress in the area. The volume examines the design of competition policy institutions, the evolution of the implementation of competition policy and its convergence or divergence with US practice, restrictive practices, cartels, abuse of dominance, merger control and state aids. The volume also analyses the interaction of competition policy and regulation, and studies its application to telecoms, banking and energy sectors. All chapters are written by leadfing specialists combining theoretical with practical knowledge and discussing the underpinings of the application of law.

Consumer Involvement In Private Eu Competition Law Enforcement

Author : Maria Ioannidou
ISBN : 9780198726432
Genre : Antitrust law
File Size : 81. 35 MB
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Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.

Ten Years Of Effects Based Approach In Eu Competition Law

Author : Jacques Bourgeois
ISBN : 9782802738824
Genre : Law
File Size : 71. 81 MB
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One of the key components of the modernization of competition rules has been a radical departure from the previous «form-based» enforcement to a so-called «effects-based» approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre (“GCLC”). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is not only on the enforcement of Articles 101 and 102 TFEU, but also in the file of merger control. Attempts are made to define more precisely the boundaries between anticompetitive object and effect, and to develop adequate safe harbours and presumptions. This book also casts a closer look at the analytical framework, possible theories of harm, evidence and defences. Overall the objective is to reconcile as best as possible law and economics, and to see how the goal to achieve the “right decision” in terms of economic outcome can be combined with the legitimate need for legal certainty.

50 Years Of The European Treaties

Author : Michael Dougan
ISBN : 9781847317223
Genre : Law
File Size : 30. 43 MB
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The essays which appear in this work are based on the papers presented at a two-day conference held in Liverpool in July 2007 to celebrate the 50th anniversary of the signing of the Treaty of Rome establishing the EEC. The collection reflects critically upon some of the EU's historic characteristics and speculates imaginatively on some of the diverse challenges facing the Union in the future. Contributions from both established and emerging scholars of EU law and policy are united by two main themes: the paradox of the resilient yet unstable basis of the Union's constitutional fundamentals, and the ever-contested balance between the EU's core economic mission and its broader social values and aspirations. For any student, scholar or practitioner interested in the dynamic nature of the constitutional relationship between the Union and its Member States, and in the complex tensions underpinning the EU's substantive policies, these essays will be essential reading.

Making History

Author : Sophie Meunier
ISBN : 0199218676
Genre : Political Science
File Size : 63. 20 MB
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The contributors to this volume, all leading specialists in the field of EU studies, examine the trajectory of the EU and draw on the theoretical tools of historical institutionalism to assess the central political challenges facing the EU.

The Historical Foundations Of Eu Competition Law

Author : Kiran Klaus Patel
ISBN : 9780199665358
Genre : Law
File Size : 61. 5 MB
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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 at both the level of the European Economic Community and also at the level of major Member States of the EEC. The book examines several key themes including: the influence of national and international competition law on thedevelopment 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 ofcompetition 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. 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.

The Oxford Handbook Of Language And Law

Author : Lawrence Solan
ISBN : 0199572127
Genre : Language Arts & Disciplines
File Size : 86. 8 MB
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This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

Policy Making In The European Union

Author : Helen Wallace
ISBN : 9780199689675
Genre : Political Science
File Size : 64. 5 MB
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Constantly evolving, and with far-reaching implications, European Union policy-making is of central importance to the politics of the European Union. From defining the processes, institutions and modes through which policy-making operates, the text moves on to situate individual policieswithin these modes, detail their content, and analyse how they are implemented, navigating policy in all its complexities. Exploring the link between the modes and mechanisms of EU policy-making and its implementation at national level, Policy-Making in the Europe Union helps students to engage with the key issues related to policy. Written by experts, for students and scholars alike, this is the most authoritative andin-depth guide to policy in the European Union.

The Boundaries Of Ec Competition Law

Author : Okeoghene Odudu
ISBN : UOM:39015063265543
Genre : Law
File Size : 69. 25 MB
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This monograph addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty - what is competition and how does Article 81 ensure that competition is protected. After over 40 years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article 81 and what it seeks to achieve. The monograph's aim is to reveal the intellectual order and rational structure underlying the law so as to enable the reader to understand Article 81 in a clear and rigorous manner. This is done by breaking Article 81 down into its constituent elements and examining the function that each element serves. Arguing that jurisdiction rests on a public/private distinction, both the substantive and the justificatory rules are cast to generate obligations appropriate for private actors to perform. Actors and activities falling within the scope of Article 81 are subject to the substantive element prohibiting contrived reductions in output. Since output reduction can co-exist with cost reduction/innovation, and that these latter features are desirable, cost reduction and innovation operate to justify infringement of the substantive obligation. Thus this monograph argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis. It is in this sense that the monograph is concerned with the boundaries of Article 81 EC.

The European Union Explained

Author : Andreas Staab
ISBN : 9780253009760
Genre : Political Science
File Size : 53. 87 MB
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This brief and accessible introduction to the European Union is ideal for anyone who needs a concise overview of the structure, history, and policies of the EU. This updated edition includes a new chapter on the sovereign debt crisis in the Eurozone. Andreas Staab offers basic terms and interpretive frameworks for understanding the evolution of the EU; the overall structure, purpose, and mandate of its main constituent divisions; and key policy areas, such as market unification and environmental policy.

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