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This new edition sets out an account of EU law that includes not
only that law's established features, but captures its development
in recent years and the challenges facing the European Union. With
dedicated new chapters on climate change, data protection, free
movement of capital, and the EU's relations with other European
States, topics such as the Union's response to covid-19 and the
Ukraine crisis are addressed in detail. As with previous editions,
the new edition integrates case law, legislation, academic
materials and wider policy contributions in a way that broadens
students' understanding of the law and prompts greater critical
reflection on the limits, challenges, and possibilities of EU law.
It seeks to set out EU law not so much as a series of laws to be
learned but as something that stimulates heavy debate about some of
the most contentious and significant issues of our time.
This insightful book discusses the interaction of sector-specific
regulation and competition policy. In particular, it identifies
emerging trends and reflects on the nature of network regulation in
the energy and telecom industries. Expert contributors examine the
recent European Electronic Communications Code (EECC), as well the
relevant regulatory framework in the electricity and pharmaceutical
sectors. Chapters consider key topics, such as the recent antitrust
investigations concerning the excessive price of off-patent drugs
and the impact of digitalization on the future of network
industries. The book also assesses several examples of the complex
relationship between sector-specific regulation and competition
policy; a relationship constantly swinging between complementarity
and conflict. Providing a comparative analysis of EU competition
policy at both the EU and national levels, this timely book will be
a valuable resource for scholars and students of EU competition
policy. It will also be beneficial for practitioners, specialising
in the regulation of the telecom, energy and pharmaceutical
industries.
This insightful book assesses emerging trends in the role of
economic analysis in EU competition policy, exploring how it has
substantially increased in terms of both theories and methods.
Expert contributors examine the jurisprudence of the EU Court of
Justice, which has become more supportive of effect-based analysis
in EU competition policy. Chapters consider key topics including
the role of economic analysis in relation to defining the relevant
market, the challenges of competition policy enforcement in the
telecom and digital markets, and economic methods to estimate
damages in cases of private enforcement of EU competition law. The
book also discusses the challenges faced by judges in reviewing the
economic evidence relied on by competition agencies in their
decisions and how these may be overcome. Providing a comparative
analysis of EU competition policy at both the EU and national
levels, this book will be a valuable resource for scholars and
students of EU competition policy. It will also be beneficial for
practitioners specialising in competition law and economics.
Granting rebates to a customer or refusing to supply a competitor
are examples of ordinary commercial practices, which become
'abusive' under Article 102 of the Treaty on the Functioning of the
EU (TFEU) when carried out by 'dominant' firms. This topical book
provides an up-to-date account of the emerging trends in the
enforcement and interpretation of this provision at both the EU and
national level. Employing a range of case studies, this
illuminating book adds a cross-country perspective to the ongoing
debate surrounding the scope of application of Article 102 of the
TFEU; a debate largely caused by its ambiguous wording. Besides
analyzing the case law of the EU Courts and EU Commission that
determine what conduct falls in the 'abuse' box, a number of
chapters examine the active contribution of national courts and
competition authorities in the ongoing process of shaping the
meaning of this legal provision. Astute and discerning, this book
will appeal to academics and researchers in the areas of EU
competition law and policy. Its practical examples will also prove
beneficial to practitioners and national competition authorities.
Contributors include: M. Botta, R. Karova, M. Marquis, G. Monti,
P.L. Parcu, P.A. Perinetto, F. Schuhmacher, H. Schweitzer, M.
Siragusa, M.L. Stasi, R. Whish
During the past decade, the use of private enforcement within
competition law has gradually increased throughout Europe but major
differences still exist among Member States. By harmonizing a
number of procedural rules, the implementation of the Damages
Directive has established a level playing field among EU Member
States. This book represents the first assessment of the
implementation of the Damages Directive at the national level. The
contributors explore the topic from a cross-cutting perspective as
well as via a set of country case studies. Each chapter focuses on
a number of procedural aspects harmonized by the Directive, and
analyses the impact of the Directive by taking into consideration
the national jurisprudence and the existing legal framework at the
national level. By using a comparative lens, this timely book thus
provides an up-to-date account of the emerging trends in private
enforcement of competition law in Europe. Perceptive and engaging,
this book will appeal to students and researchers in EU competition
law and policy. Practitioners and national competition authorities
will also find it informative and beneficial. Contributors include:
M. Botta, P. Burke, J. M. Gonzalez, C. Kruger, J. Maillo, P.L.
Parcu, S. Peyer, A.R. Pisarkiewicz, M.A. Rossi, T. Schreiber, S.
Solidoro, S.V. Walle
Recent years have seen significant evolution in the European
Commission's approach to State aid policy. This thought-provoking
book analyses the enforcement of State Aid law in the aftermath of
the State aid Modernization initiative, identifying a number of
emerging trends at both national and EU level. Eminent scholars
unpack the recent developments that have contributed to the
decentralization of the enforcement of State Aid law, including the
General Block Exemption Regulation which allows a larger number of
aid schemes to be implemented by national authorities without prior
notification to the European Commission. Timely contributions also
consider the increasing role of national courts in the enforcement
of State aid rules, as well as the Commission's current reliance on
State Aid policy to pursue common objectives of EU interest, thus
shaping a de facto EU industrial policy. This discerning book is a
key resource for students and scholars specializing in both State
Aid law and EU law more widely. Containing detailed analysis of the
legal and economic consequences of State Aid Modernization, EU
State Aid Law will also interest practitioners, economists, and
public officials involved in State Aid enforcement. Contributors
include: M. Boccaccio, M. Botta, G. Bruzzone, F. Caliento, S.
Donzelli, A. Heimler, M. Merola, G. Monti, P.L. Parcu, F,
Pastor-Merchante, J.J. Piernas Lopez, M.A. Rossi, A. Scott, J.
Weinzierl, B. Willemot-Nieuwenhuys
As the preferred choice on EU law for both teachers and students,
this textbook offers an unrivalled combination of expertise,
accessibility and comprehensive coverage. Written in a way which
combines clarity with sophisticated analysis, it stimulates
students to engage fully with the sometimes complex material, and
encourages critical reflection. The new edition reflects the
challenges facing the European Union now, with dedicated chapters
on Brexit, the migration crisis and the euro area, and with further
Brexit materials and analysis integrated wherever relevant.
Materials from case law, legislation and academic literature are
integrated throughout to present the student with the broadest
range of views and deepen understanding of the context of the law.
A dedicated site introduces students to the wide ranging debates
found in blogs on EU law, EU affairs more generally and Brexit.
This is a required text for all interested in European Union law.
The development of competition law in the EU can be explored
through three interrelated perspectives: the extent to which
controversies in economic thinking affect the design of the law;
how changing political visions about the objectives of competition
law have caused shifts in the interpretation of the rules; and the
institution in charge of applying the rules. The economic and
political debates on competition law show that it is a contested
terrain, and the way courts and competition authorities apply the
law reflects their responses to the objectives and economics of
competition law. By characterising the application of competition
law as a continuous response to policy and economic debates, the
author casts fresh perspectives on the subject. Written with
competition law students in mind, Monti sets out economic concepts
in a non-technical manner and explores the policy dimension of
competition law by referring to key cases and contemporary policy
initiatives.
As the preferred choice of both teachers and students, this
textbook offers an unrivalled combination of expertise,
accessibility and comprehensive coverage. The new edition reflects
the way the economic crisis has impacted the shape and nature of
European Union law. Materials from case law, legislation and
academic literature are integrated throughout to expose the student
to the broadest range of views. Additional online material on the
application of EU law in non member states and on rulings on the
Fiscal Compact ensures the material is completely current. The new
edition includes a timeline which charts the evolution of the EU
project. Written in a way which encourages sophisticated analysis,
the book ensures the student's full engagement with sometimes
complex material. More importantly, it offers the clarity which is
essential to understanding. A required text for all interested in
European Union law.
This book highlights the latest advances, innovations, and
applications in the field of structural and geotechnical
engineering, as presented by leading international researchers and
engineers at the 2nd Eurasian Conference on OpenSees—Open System
for Earthquake Engineering Simulation (EOS), held in Turin, Italy,
on July 7–8, 2022. The conference was meant to give an overview
on the latest developments made with the OpenSees framework as well
as to present research and practical outcomes in which OpenSees
plays an important role. Conference topics cover cutting-edge
applications of OpenSees in the field of structural and
geotechnical engineering, the development of new elements and
materials, and also the development of new pre- and
post-processors. The contributions, which were selected by means of
a rigorous international peer-review process, present a wealth of
exciting ideas that will open novel research directions and foster
multidisciplinary collaboration among different specialists.
This volume contains papers presented at the 18th Annual EU
Competition Law and Policy Workshop. The papers examine means of
balancing effective (public) competition law enforcement and the
requirements of legitimate and accountable exercise of public
authority. The authors address the design and performance of
various enforcement tools at European and national levels,
including sanctions and remedies but also distinctive instruments
under Regulation 1/2003 (eg commitment procedures) and under the
Treaty on the Functioning of the European Union (Article 106(3)
when used as a basis for infringement procedures). From the
perspective of legitimacy, reflections focus on the implications of
fundamental rights standards and general principles of law for the
EU's complex and quasi-federal enforcement architecture. Issues
that may sometimes escape judicial scrutiny are also discussed,
such as how agencies prioritise their activities, and how
investigation responsibilities are distributed within the European
Competition Network. Effectiveness and legitimacy are then
considered in the context of public enforcement cooperation beyond
the EU, where international organisations, regional cooperation and
a range of formal and informal modes of governance prevail.
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