The Regulation of the State in Competitive Markets in the EU

The Regulation of the State in Competitive Markets in the EU PDF Author: Erika M. Szyszczak
Publisher:
ISBN: 9781472560124
Category : Government business enterprises
Languages : en
Pages : 293

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Book Description

The Regulation of the State in Competitive Markets in the EU

The Regulation of the State in Competitive Markets in the EU PDF Author: Erika M. Szyszczak
Publisher:
ISBN: 9781472560124
Category : Government business enterprises
Languages : en
Pages : 293

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Book Description


The Regulation of the State in Competitive Markets in the EU

The Regulation of the State in Competitive Markets in the EU PDF Author: Erika Szyszczak
Publisher: Bloomsbury Publishing
ISBN: 1847313779
Category : Law
Languages : en
Pages : 322

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Book Description
This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.

The Regulation of the State in Competitive Markets in the EU

The Regulation of the State in Competitive Markets in the EU PDF Author: Erika M. Szyszczak
Publisher: Hart Publishing Limited
ISBN: 9781849462099
Category : Law
Languages : en
Pages : 322

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Book Description
This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is challenged by European Union law, and the implications for traditional public services provided by the State. The book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules that address squarely the permissible role of State activity in competitive markets, for example an examination of the procurement rules, the State aid rules, the rules in Article 106 TFEU regulating State monopolies and the controversial application of Articles 101 and 102 TFEU to the State. Other chapters examine the processes of privatisation and liberalisation and the implications of regulation of liberalised markets where the State acts in a commercial capacity, with case studies on the postal sector, utilities and telecommunications. Attention is paid to the role of services of general economic interest (SGEIs) and the implications of liberalisation for social services of general interest (SSGIs).

Bellamy & Child

Bellamy & Child PDF Author: David Bailey
Publisher: Oxford University Press, USA
ISBN: 9780198794752
Category : Law
Languages : en
Pages : 0

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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.

Services of General Economic Interest in EU Competition Law

Services of General Economic Interest in EU Competition Law PDF Author: Lei Zhu
Publisher: Springer Nature
ISBN: 9462653879
Category : Law
Languages : en
Pages : 320

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Book Description
This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.

Experimentalist Competition Law and the Regulation of Markets

Experimentalist Competition Law and the Regulation of Markets PDF Author: Yane Svetiev
Publisher: Bloomsbury Publishing
ISBN: 1509910670
Category : Law
Languages : en
Pages : 227

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Book Description
"The principal aim of this book is to chart the emergence of experimentalist governance in the implementation of EU competition law as a combined response both to subsidiarity concerns in EU federalism and to an increasingly dynamic and heterogeneous economic environment. The book will contribute to ongoing debates about the current state of EU competition law and supply an alternative account of both emergent trends and its future direction. By focussing on experimentalist governance it is offering a truly innovative perspective on the question of the implementation of EU competition law"--

Competition Policy in Europe

Competition Policy in Europe PDF Author: Johann Eekhoff
Publisher: Springer Science & Business Media
ISBN: 3540247122
Category : Business & Economics
Languages : en
Pages : 255

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Book Description
The modern industrial states desperately need more competition in order to generate growth and employment. Although the European Union pushed its member states to open several sectors to competition, there is much left to be done. At the same time powerful interest groups try to avoid or to reduce competition on European labour markets, in the health systems, in the transport and energy sector, in public services, and in many other areas. This book shows that there is much to be gained from intensifying competition and that especially consumers would benefit. One task is to lay a sound basis for the application of competition. The other task is to implement and guarantee competition. The authors cover both issues.

Market Definition in EU Competition Law

Market Definition in EU Competition Law PDF Author: Miguel Sousa Ferro
Publisher: Edward Elgar Publishing
ISBN: 1788118391
Category : Antitrust law
Languages : en
Pages : 545

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Book Description
The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law.

Structure and Effects in EU Competition Law

Structure and Effects in EU Competition Law PDF Author: Basedow
Publisher: Kluwer Law International B.V.
ISBN: 9041131744
Category : Law
Languages : en
Pages : 370

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Book Description
During the last decade the European Commission has progressively adopted what is called a and‘more economic approachand’ toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these and‘newand’ methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionand’s State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the and‘more economicand’ approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherand’s discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.

Unfair Competition Law

Unfair Competition Law PDF Author: Frauke Henning-Bodewig
Publisher: Kluwer Law International B.V.
ISBN: 9041123296
Category : Law
Languages : en
Pages : 274

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Book Description
The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.