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Author: Damien Geradin
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 396
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Book Description
The book explores the many legal and economic challenges emerging from the liberalization process engaged by the European Community with respect to state monopolies. It is divided into three parts. Taking a sectoral approach, the first part is devoted to expert analyses of the liberalization measures adopted by the Community in the areas of telecommunications, postal services, energy and air and rail transport. The objective is to provide a detailed and up-to-date review of the most significant developments that have taken place in these key industry sectors. The second part deals with more conceptual issues, such as the impact of the liberalization process on consumer protection and public service obligations. It also analyzes the main issues emerging from the creation of `strategic alliances' in the telecommunications and aviation sectors. The third part takes a comparative and international law perspective. It examines the extent to which monopolies have been opened to competition in the United States and the lessons which may be drawn from the American experience. It also discusses the liberalization measures negotiated in the framework of the World Trade Organization, with a special reference to the agreement recently concluded in the area of telecommunications. The papers written in the book are by leading experts on state monopolies, and take a pluridisciplinary approach covering not only legal but also economic and political science issues.
Author: Damien Geradin
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 396
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Book Description
The book explores the many legal and economic challenges emerging from the liberalization process engaged by the European Community with respect to state monopolies. It is divided into three parts. Taking a sectoral approach, the first part is devoted to expert analyses of the liberalization measures adopted by the Community in the areas of telecommunications, postal services, energy and air and rail transport. The objective is to provide a detailed and up-to-date review of the most significant developments that have taken place in these key industry sectors. The second part deals with more conceptual issues, such as the impact of the liberalization process on consumer protection and public service obligations. It also analyzes the main issues emerging from the creation of `strategic alliances' in the telecommunications and aviation sectors. The third part takes a comparative and international law perspective. It examines the extent to which monopolies have been opened to competition in the United States and the lessons which may be drawn from the American experience. It also discusses the liberalization measures negotiated in the framework of the World Trade Organization, with a special reference to the agreement recently concluded in the area of telecommunications. The papers written in the book are by leading experts on state monopolies, and take a pluridisciplinary approach covering not only legal but also economic and political science issues.
Author: Damien Geradin
Publisher: Kluwer Law International B.V.
ISBN: 9041117806
Category : Law
Languages : en
Pages : 434
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Book Description
Among the critical matters discussed are the following: terminal dues for international mail; remail provisions; the UPU and WTO constraints on the European postal market; EU Commission decisions and ECJ case law interpreting the postal directive; the effects of EC Treaty Articles 81 and 82 and the Merger Control Regulation; abuse of market power, especially by incumbent public postal operators; the "essential facilities" doctrine; and funding of universal service obligations. In addition, there are specific country reports from five EU Member States (France, Germany, Italy, Portugal, and the United Kingdom) and Norway, bearing witness to the diversity of means adopted to implement the postal directive. Business persons and their counsel, regulatory officials, practitioners, and academics interested in the creation of an EU-wide postal market-as well as in the ongoing reliability and improvement of postal service - should find this text valuable.
Author: Damien Geradin
Publisher: Kluwer Law International B.V.
ISBN: 9041115609
Category : Law
Languages : en
Pages : 330
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Book Description
In this important book, notable European experts in the energy field provide valuable perspectives on the principal issues raised by the liberalisation of the electricity and natural gas markets in the EU. Lawyers, business people, regulators, and policymakers who deal with matters and issues in the energy, natural resources, and environmental fields will find the details and insights presented here of great value.
Author: Pernille Wegener Jessen
Publisher: Kluwer Law International B.V.
ISBN: 9041167242
Category : Law
Languages : en
Pages : 536
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Book Description
Competition law in the EU includes a wide range of topics and has developed into a very comprehensive area of regulation. This book covers the broader perspective of competition law, giving an overview of a very complex domain of EU law. Through all relevant sources of primary and secondary EU law the book presents the intricacies of the present competition framework for businesses and public entities. It draws the lines between the different areas, and between competition law and the internal market project. The book covers all aspects of traditional EU competition law, as well as issues not formally regulated in the TFEU section on competition rules – the competition issues of the liberalised sectors and public procurement. Among the matters covered are the following: • the substantive rules on Articles 101 and 102 TFEU; • the enforcement rules of these provisions; • merger control; • the liberalised sectors, with focus on energy, transport, postal services and telecommunication; • state aid; • public undertakings; and • public procurement. With its enhanced view of EU competition policy, regulation, and enforcement, and its emphasis on specific industry sectors, this book offers an unusually thorough view of aspects of competition law which play an essential role in regulating the conduct of undertakings and public authorities in the market. It will be of special value to any lawyer, policymaker, or scholar active in European competition law.
Author: Pierre Larouche
Publisher: Bloomsbury Publishing
ISBN: 1847313132
Category : Law
Languages : en
Pages : 504
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Book Description
Using numerous practical examples,this book examines the evolution of EC telecommunications law following the achievement of liberalisation, the main policy goal of the 1990s. After reviewing the development of regulation in the run-up to liberalisation, the author identifies the methods used to direct the liberalisation process and tests their validity in the post-liberalisation context. A critical analysis is made of the claim that competition law will offer sufficient means to regulate the sector in the future. Particular emphasis is given to the way in which EC Competition Law changed in the 1990s using the essential facilities doctrine, an expansive non-discrimination principle and the policing of cross-subsidisation to tackle what were then thought of as regulatory matters. Also examined within the work is the procedural and institutional interplay between competition law and telecommunications regulation. In conclusion, Larouche explores the limits of competition law and puts forward a long-term case for sector-specific regulation, with a precise mandate to ensure that the telecommunications sector as a whole fulfils its role as a foundation for economic and social activity.
Author: Wolf Sauter
Publisher: Cambridge University Press
ISBN: 0521857759
Category : Business & Economics
Languages : en
Pages : 271
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Book Description
An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
Author: Thomas Papadopoulos
Publisher: Kluwer Law International B.V.
ISBN: 9041133402
Category : Business & Economics
Languages : en
Pages : 282
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Book Description
Although some provisions of the Directive are obligatory for all Member States, two key provisions have been made optional: the non-frustration rule, which requires the board to obtain the prior authorization of the general meeting of shareholders before taking any action that could result in the frustration of the bid; and the breakthrough rule, restricting significant transfer and voting rights during the time allowed for acceptance of the bid. Other relevant legal issues covered in the course of the analysis include the following: A { the right of establishment as a right of legal persons; A { vertical vs.
Author: Robert van den Hoven van Genderen
Publisher: Kluwer Law International B.V.
ISBN: 904118600X
Category : Law
Languages : en
Pages : 324
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Book Description
The fundamental right to privacy, in the sense of non-interference by government, is protected by international and national law. Nonetheless, today the laws of privacy are being stretched to their limits and even violated by governments in the name of security. This book, by one of Europe’s most trusted authorities on the legal aspects of telecommunications technology, analyses the use of legal instruments by government agencies to determine if they restrict the fundamental right of privacy and if the grounds to do so are acceptable within a democratic society. Unpacking the complexity of the various factors on each side – privacy and the general interest of safety – the author clearly describes the relevant tensions in the following major areas of current law: – data protection regulations; – regulations on interception and retention of personal data in the telecommunication sector; – anti–money laundering; and – strategies used to protect national security against terrorist activities. The analysis pays detailed attention to the relevant provisions of international and regional conventions, to deliberated principles and guidelines, and to the case law of the European Court of Human Rights and other courts at every level. Legal theories of sovereignty are also taken into account. This is the most thorough treatment available of the grounds and circumstances that state agencies invoke to intrude upon citizens’ rights of privacy and the procedures in place to legitimize these intrusions. Its ultimate contribution – the setting forth of a set of circumstances under which the limitation of privacy should be allowed, including a consideration of what principles and conditions should underpin this policy – will prove of inestimable value to policymakers, government institutions, and practitioners in several fi elds related to human rights. Robert van den Hoven van Genderen has worked as a legal expert on telecommunications technology, regulation of the Internet, and anti–money laundering measures in both public and private sectors, in addition to legal and academic practice.
Author: Luca Prete
Publisher: Kluwer Law International B.V.
ISBN: 9041169105
Category : Law
Languages : en
Pages : 394
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Book Description
Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.
Author: Kirsten Henckel
Publisher: Kluwer Law International B.V.
ISBN: 9041192611
Category : Law
Languages : en
Pages : 360
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Book Description
Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
