Author: Renato Nazzini
Publisher: OUP Oxford
ISBN: 0191630128
Category : Law
Languages : en
Pages : 2114
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Book Description
Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the internal market. Its application in practice has been controversial with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, social welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex questions as to how abuses can be assessed and how a dominant position should be defined. This book addresses the conceptual problems underlying the tests to be applied under Article 102 in light of the objectives of EU competition law. Adopting an interdisciplinary approach, the book covers all the main issues relating to Article 102, including its objectives, its relationship with other principles and provisions of EU law, the criteria for the assessment of individual abusive practices, and the definition of dominance. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.
Author: Kiran Klaus Patel
Publisher: OUP Oxford
ISBN: 0191643807
Category : Law
Languages : en
Pages : 1105
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Book Description
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.
Author: Moritz Lorenz
Publisher: Cambridge University Press
ISBN: 1107067324
Category : Law
Languages : en
Pages : 427
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Book Description
Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.
Author: Ariel Ezrachi
Publisher: Bloomsbury Publishing
ISBN: 1782254803
Category : Law
Languages : en
Pages : 1061
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Book Description
This book is the fourth edition of a highly practical guide to the leading cases in European Competition Law. It explores the application of Article 101 TFEU, Article 102 TFEU and the European Merger Regulation, as well as the public and private enforcement of Competition Law. In addition, it reviews the intersection between Competition Law and Intellectual Property Rights and the application of Competition Law to State action. Each chapter outlines the relevant laws, regulations and guidelines for each topic. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. Endorsements: 'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.'Ali Nikpay, Gibson, Dunn & Crutcher LLP, Former Senior Director, Office of Fair Trading 'The study of EU Competition law requires the analysis and understanding of a number of increasingly complex European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book, now in its fourth edition, provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions' Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick 'The Guide is an invaluable tool for both students and practitioners. It provides a compact overview on the fundamental cases and highlights the essential problems in a clear and sharp analysis.' Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP 'This book is especially valuable to competition law specialists in Europe and abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation.' William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission
Author: Oles Andriychuk
Publisher: Edward Elgar Publishing
ISBN: 1786436078
Category : Law
Languages : en
Pages : 441
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Book Description
Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.
Author: Damien Geradin
Publisher: OUP Oxford
ISBN: 0191637491
Category : Law
Languages : en
Pages : 916
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Book Description
This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.
Author: Pablo Ibáñez Colomo
Publisher: Cambridge University Press
ISBN: 1108429424
Category : Law
Languages : en
Pages : 389
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Book Description
A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Author: Piet Eeckhout
Publisher: Oxford University Press, USA
ISBN: 9780199287215
Category : Law
Languages : en
Pages : 490
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Book Description
The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and growing body of case-law in the area of external relations by the European Court of Justice and Court of First Instance. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important position in the overall development of the EU, and in the process of its constitution-building. This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles, and actors ofexternal policies, and on the legal effects of international agreements and international law. It brings together the legal foundations of the EU's external economic policies, centred around its trade policy, and the fledgling Common Foreign and Security Policy. It concludes by addressing the basic questions of constitutionalism raised by EU external relations, i.e. the division of competences, the protection of fundamental rights, issues of democracy and legitimacy, and judicial review.
Author: Christian Koenig
Publisher:
ISBN: 9783869651583
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
The legal foundations of Competition Law in the European Union are modest, with only nine articles of the Treaty on the Functioning of the European Union setting out the basis. Alongside this primary legislation, the detailed application of European Competition rules and regulations continues to be shaped by secondary legislation and extensive case law. European Competition Law: A Concise Guide in a nutshell identifies and analyses European jurisprudence and Commission policy, covering classic cases and established principles through to recent developments. The book addresses a full range of EU Competition Law topics (Cartels, Abuse of a Dominant Position, Merger Control, State Aid and Public Procurement) and includes chapters devoted to key legal terminology and the European Commission's competence. Each chapter focuses first on explaining the theoretical underpinnings and then on considering how the European Commission and European Courts have shaped and guided its practical application. With a clear structure and well-explained, numerous examples, this book will appeal to readers encountering European Competition Law for the first time as well as to experienced practitioners seeking guidance on a specific topic.
Author: Daniel Zimmer
Publisher: Edward Elgar Publishing
ISBN: 0857936611
Category : Law
Languages : en
Pages : 529
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Book Description
What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare. The book brings together contributions on the relevance of different welfare standards, on the concept of 'freedom to compete' and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as mar.
