Eu Antitrust Enforcement

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Mens Rea in EU Antitrust Law

Author : Jan Blockx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523549
Total Pages : 261 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Mens Rea in EU Antitrust Law by : Jan Blockx

Download or read book Mens Rea in EU Antitrust Law written by Jan Blockx and published by Kluwer Law International B.V.. This book was released on 2020-07-09 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.

Principles of European Antitrust Enforcement

Author : Wouter Wils
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312047
Total Pages : 208 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Principles of European Antitrust Enforcement by : Wouter Wils

Download or read book Principles of European Antitrust Enforcement written by Wouter Wils and published by Bloomsbury Publishing. This book was released on 2005-02-22 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encouraged, and the question whether the decisional power in antitrust matters should be transferred to the courts. Special attention is given to the problem of the compatibility of the new enforcement system and of the practice of European antitrust enforcement with the requirements of the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, including the principle of ne bis in idem, the privilege against self-incrimination, and the right to an independent and impartial tribunal. On many of these issues, the discussion contained in this book is not only legal, but also includes an economic analysis from the perspective of efficient law enforcement.

EU and US Antitrust Arbitration

Author : Gordon Blanke
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127607
Total Pages : 1052 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU and US Antitrust Arbitration by : Gordon Blanke

Download or read book EU and US Antitrust Arbitration written by Gordon Blanke and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

Efficiency and Justice in European Antitrust Enforcement

Author : Wouter Wils
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314139
Total Pages : 230 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Efficiency and Justice in European Antitrust Enforcement by : Wouter Wils

Download or read book Efficiency and Justice in European Antitrust Enforcement written by Wouter Wils and published by Bloomsbury Publishing. This book was released on 2008-02-14 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few years, the public enforcement of Articles 81 and 82 EC has been thoroughly transformed: the competition authorities of the EU Member States have become active enforcers within the European Competition Network, the European Commission has imposed more and higher fines than ever before, leniency has become a major instrument of cartel detection, and some Member States have introduced criminal penalties. The overall trend towards more and stronger enforcement of Articles 81 and 82 EC has also rekindled discussion on the old question of how to strike the right balance between efficient enforcement and adequate protection of the rights of the defence. This book brings together six essays which analyse from both a legal and an economic perspective the powers of investigation of the European Commission and the competition authorities of the Member States, and the corresponding procedural rights and guarantees, the use of settlements, the theory and practice of fines and of leniency, and the criminalization of European antitrust enforcement.

The Notion of Restriction of Competition

Author : Damien Gerard
Publisher : Bruylant
ISBN 13 : 2802757555
Total Pages : 337 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis The Notion of Restriction of Competition by : Damien Gerard

Download or read book The Notion of Restriction of Competition written by Damien Gerard and published by Bruylant. This book was released on 2017-03-16 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformations induced by the process of “modernisation”, including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.

Public and Private Enforcement of Competition Law in Europe

Author : Kai Hüschelrath
Publisher : Springer
ISBN 13 : 3662439751
Total Pages : 279 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Public and Private Enforcement of Competition Law in Europe by : Kai Hüschelrath

Download or read book Public and Private Enforcement of Competition Law in Europe written by Kai Hüschelrath and published by Springer. This book was released on 2014-08-01 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

Licensing Agreements

Author : Kojo Yelpaala
Publisher : Springer
ISBN 13 :
Total Pages : 452 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Licensing Agreements by : Kojo Yelpaala

Download or read book Licensing Agreements written by Kojo Yelpaala and published by Springer. This book was released on 1988-01-19 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Antitrust Procedure

Author : Ekaterina Rousseva
Publisher :
ISBN 13 : 9780191875595
Total Pages : pages
Book Rating : 4.8/5 (755 download)

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Book Synopsis EU Antitrust Procedure by : Ekaterina Rousseva

Download or read book EU Antitrust Procedure written by Ekaterina Rousseva and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU antitrust enforcement system for several decades has been one of the most mature antitrust enforcement systems in the world. The European Commission has been recognised as a leading antitrust agency internationally, and a role model for enforcers. This would not have been possible without effective procedural rules. This volume provides a comprehensive and practically-oriented account of EU antirust procure. After setting out the institutional design and legal framework of the EU antitrust enforcement system, it explores the EU Commission's investigative powers, the possible outcomes of its investigations, the types of decisions it adopts and the remedies and fines it imposes.

Principles of European Antitrust Enforcement

Author : Wouter P. J. Wils
Publisher :
ISBN 13 : 9781472559685
Total Pages : 187 pages
Book Rating : 4.5/5 (596 download)

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Book Synopsis Principles of European Antitrust Enforcement by : Wouter P. J. Wils

Download or read book Principles of European Antitrust Enforcement written by Wouter P. J. Wils and published by . This book was released on 2005 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encou.

Market Power in EU Antitrust Law

Author : Luis Ortiz Blanco
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318495
Total Pages : 368 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Market Power in EU Antitrust Law by : Luis Ortiz Blanco

Download or read book Market Power in EU Antitrust Law written by Luis Ortiz Blanco and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.

The More Economic Approach to EU Antitrust Law

Author : Anne C Witt
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909230
Total Pages : 384 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The More Economic Approach to EU Antitrust Law by : Anne C Witt

Download or read book The More Economic Approach to EU Antitrust Law written by Anne C Witt and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

Private Enforcement of EU Competition Law

Author : Pier Luigi Parcu
Publisher : Edward Elgar Publishing
ISBN 13 : 178643881X
Total Pages : 256 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Private Enforcement of EU Competition Law by : Pier Luigi Parcu

Download or read book Private Enforcement of EU Competition Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.

Antitrust Federalism in the EU and the US

Author : Firat Cengiz
Publisher : Routledge
ISBN 13 : 1136448853
Total Pages : 333 pages
Book Rating : 4.1/5 (364 download)

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Book Synopsis Antitrust Federalism in the EU and the US by : Firat Cengiz

Download or read book Antitrust Federalism in the EU and the US written by Firat Cengiz and published by Routledge. This book was released on 2013-03-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU and the US are the preeminent examples of multi-level polities and both have highly developed competition policies. Despite these similarities however, recent developments suggest that they are moving in different directions in the area of antitrust federalism. This book examines multi-level governance in competition policy from a comparative perspective. The book analyses how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. Inspired by the increasingly divergent policy developments taking place on both sides of the Atlantic, the author asks whether the EU and the US can draw policy lessons from each other’s experiences in antitrust federalism. Antitrust Federalism in the EU and the US reveals the similarities and differences between the European and American models of antitrust federalism whilst employing policy network models in its comparative analysis of issues such as opacity and accountability in networks. The book is essentially multidisciplinary in its effort to initiate dialogue between the Law and Political Science literatures in this field. This book will be of particular interest to academics, students and practitioners of Competition Law, Constitutional Law and Political Science.

Regulation 1/2003 and EU Antitrust Enforcement

Author : Luca Prete
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535458
Total Pages : 1148 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Regulation 1/2003 and EU Antitrust Enforcement by : Luca Prete

Download or read book Regulation 1/2003 and EU Antitrust Enforcement written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2022-11-22 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.

European Competition Law Annual 2013

Author : Philip Lowe
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900489
Total Pages : 616 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Competition Law Annual 2013 by : Philip Lowe

Download or read book European Competition Law Annual 2013 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EC Private Antitrust Enforcement

Author : Assimakis Komninos
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314082
Total Pages : 338 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis EC Private Antitrust Enforcement by : Assimakis Komninos

Download or read book EC Private Antitrust Enforcement written by Assimakis Komninos and published by Bloomsbury Publishing. This book was released on 2008-02-22 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

EU Competition Law

Author : Ariel Ezrachi
Publisher : Bloomsbury Publishing
ISBN 13 : 1849468257
Total Pages : 608 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis EU Competition Law by : Ariel Ezrachi

Download or read book EU Competition Law written by Ariel Ezrachi and published by Bloomsbury Publishing. This book was released on 2014-11-24 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the fourth edition of a highly practical guide to the leading cases in European Competition Law. It explores the application of Article 101 TFEU, Article 102 TFEU and the European Merger Regulation, as well as the public and private enforcement of Competition Law. In addition, it reviews the intersection between Competition Law and Intellectual Property Rights and the application of Competition Law to State action. Each chapter outlines the relevant laws, regulations and guidelines for each topic. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. "This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decision but also some of the leading cases from the US and European Member States." Ali Nikpay, Gibson, Dunn & Crutcher "The study of EU Competition law requires the analysis and understanding of a number of increasingly complex and lengthy European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions." Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick "The Guide is an invaluable tool for both students and practitioners. It provides a compact overview on the fundamental cases and highlights the essential problems in a clear and sharp analysis." Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP, Brussels "This edition will be especially valuable to competition law specialists abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation." William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission "A perfect reference for students of competition law, giving them a kick start when searching for EU case law on a specific subject." Magnus Strand, University of Uppsala, Sweden