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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 growing
debate surrounding the scope of application of Article 102 of the
TFEU; a debate largely caused by its ambiguous wording. Besides
analysing 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.
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.
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.
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 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.
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.
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