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This book examines the role and utility of competition law within
the EU's legislative and regulatory dialogue, using its response to
crisis conditions as a test of its aims and abilities. As such, its
main conclusion is that competition policy acts as a forum for
debate as to the direction of the European integration project,
while competition law can serve as a tool for aiding in the
implementation of broader policy objectives. The analysis here
explores the role of the general economic context in the
application of competition law, the existence of identifiable
baselines applicable in crisis conditions, the ability and role of
national competition authorities in applying competition law, and
the ways in which the European Commission's overarching policy
goals can influence the application of competition law.The decision
to take an empirical approach to this research project stems from a
conviction that an investigation into the real world situations
faced by firms and consumers should underpin the evaluation of the
applicable legal rules. Over the past number of years, the
Commission has exerted more and more influence over the development
of the regional and global airline industry, and this book
identifies the emergence of an apparent overarching aim on the part
of the Commission to create a market with a handful of
ultra-competitive airlines with international reach serviced by an
array of smaller feeder airlines on a regional basis. The study of
Irish beef processing, on the other hand, identifies a high level
of government involvement in providing the strategic thinking
behind a crisis cartel scheme, and then demonstrates how the
economic context exerted considerably more pressure on the
government and the national court than on the competition
authorities involved.
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