Public Services and EU Competition Law. The Social Market Economy in Action PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Public Services and EU Competition Law. The Social Market Economy in Action PDF full book. Access full book title Public Services and EU Competition Law. The Social Market Economy in Action by Daniele Gallo. Download full books in PDF and EPUB format.
Author: Daniele Gallo
Publisher:
ISBN: 9788892140707
Category : Law
Languages : en
Pages :
Get Book Here
Book Description
Author: Daniele Gallo
Publisher:
ISBN: 9788892140707
Category : Law
Languages : en
Pages :
Get Book Here
Book Description
Author: Doris Hildebrand
Publisher: International Competition Law
ISBN: 9789041162458
Category : Law
Languages : en
Pages : 554
Get Book Here
Book Description
International Competition Law Series Volume 66 The Role of Economic Analysis in EU Competition Law, Fourth Edtionand in its revised and updated fourth edition, explores the full spectrum of the development of European economic approach in competition law. Almost two decades after the arrival of the and‘more economics based approachand’ to EU competition law, this economic school of thought, the European School, has been properly defined and is now in general used among competition law practitioners and their government counterparts. This approach, studied by Doris Hildebrand since the first edition of this now-classic work, implements the European cornerstones of the social market economy concept such as freedom of contract, social fairness, and the equality principle. In this edition, the author uncovers its multiple rationales as it has gradually formulated the legal principles of and‘competition economicsand’ that have come to underlie all matters related to Article 101 (1), Article 101 (3), Article 102, the Merger Regulation, and the State Aid provisions. As in previous editions, the bookand’s interdisciplinary approach integrates law and economics in such a way that economics in competition proceedings becomes easier to understand for lawyers not trained in economic theory or economic school of thoughts. It offers an in-depth description of and‘European Schooland’ theories and applications, particularly with respect to vertical and horizontal agreements. In addition, the book provides solid guidance on the definition of the relevant antitrust markets, with a detailed description of the hypothetical monopolist test. Whatand’s in this book: Among the fundamental elements discussed are the following: application of economics in the competition test as developed by the EU Courts; concrete economic analysis companies need to perform in order to qualify for an exemption; test procedures to assess whether a certain behaviour constitutes an abuse under Article 82; various methodologies to define markets; contrasting the European and Chicago schools; practical implementation of the EU social market economy objective in EU competition law; workable competition vs. effective competition; changes in the enforcement system; use of evidence in market definition practice; State Aid provisions; and empirical techniques used to evaluate a merger. All significant cases contributory to the development of European competition economics are discussed and analysed in detail. and‘The Frameand’, the first chapter that has been included in this edition, clearly demonstrates all the ways in which EU competition policy represents an essential foundation of the EU. Moreover and‘The Frameand’ elaborates that the social market economy objective as defined in the Lisbon Treaty is, from the economic perspective, the appropriate benchmark in any EU competition law assessment. This benchmark requires a holistic approach by taking into account and‘utilitiesand’ of EU citizens instead of focusing on price elements only. How will this help you: This new updated and revised edition has been greatly anticipated and will be widely welcomed. The book helps to develop expertise in applying the and‘more economics based approachand’ by citing the relevant case law. Competition lawyers, corporate in-house counsel, competition authorities, and courts will appreciate the bookand’s clear, understandable discussion of the relevant European competition theory, authoritative guidance on the application of economic analysis, and practical insight in dealing with these subjects in real-world cases. and
Author: Daniele Gallo
Publisher: Taylor & Francis
ISBN: 1000589293
Category : Law
Languages : en
Pages : 132
Get Book Here
Book Description
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.
Author:
Publisher: Oxford University Press
ISBN: 0198877196
Category : Law
Languages : en
Pages : 3034
Get Book Here
Book Description
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. Written by a team of contributors drawn from the Legal Service of the European Commission and from academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
Author: Peter A. Hall
Publisher: Oxford University Press
ISBN: 0199247749
Category : Business & Economics
Languages : en
Pages : 557
Get Book Here
Book Description
Applying the new economics of organisation and relational theories of the firm to the problem of understanding cross-national variation in the political economy, this volume elaborates a new understanding of the institutional differences that characterise the 'varieties of capitalism' worldwide.
Author: Aldo Sandulli
Publisher: Taylor & Francis
ISBN: 1040022596
Category : Law
Languages : en
Pages : 215
Get Book Here
Book Description
This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Author: Ulla Neergaard
Publisher: Springer Science & Business Media
ISBN: 9067048763
Category : Law
Languages : en
Pages : 626
Get Book Here
Book Description
The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.
Author: David Bailey
Publisher: Oxford University Press, USA
ISBN: 9780198794752
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
Author: Jan Broulík
Publisher: Bloomsbury Publishing
ISBN: 1509959254
Category : Law
Languages : en
Pages : 379
Get Book Here
Book Description
The gap between the rich and poor is widening across the globe. This book explores whether this major societal challenge of our time can be addressed by the means of competition law. The primary goal of today's competition law is to ensure that market power does not lead to an inefficient production of goods and services. Nevertheless, even such efficiency-oriented curbing of market power may arguably contribute to the reduction of differences in how much people own and earn. Furthermore, many competition law regimes do take into account distributive considerations too. The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. Their inquiries concern the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contribute to more equality in both developed and developing countries. The book is a must-read for researchers, public officials, judges, and practitioners within the competition law community. It will also appeal to anyone more broadly interested in issues of inequality and economic policy.
Author: Caroline Wehlander
Publisher: Springer
ISBN: 9462651175
Category : Law
Languages : en
Pages : 381
Get Book Here
Book Description
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
