The Regulation of the State in Competitive Markets in the EU

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847313779
Total Pages : 322 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Regulation of the State in Competitive Markets in the EU by : Erika Szyszczak

Download or read book The Regulation of the State in Competitive Markets in the EU written by Erika Szyszczak and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher :
ISBN 13 : 9781472560124
Total Pages : 293 pages
Book Rating : 4.5/5 (61 download)

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Book Synopsis The Regulation of the State in Competitive Markets in the EU by : Erika M. Szyszczak

Download or read book The Regulation of the State in Competitive Markets in the EU written by Erika M. Szyszczak and published by . This book was released on 2007 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Regulation of the State in Competitive Markets in the EU

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Author :
Publisher : Hart Publishing Limited
ISBN 13 : 9781849462099
Total Pages : 322 pages
Book Rating : 4.4/5 (62 download)

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Book Synopsis The Regulation of the State in Competitive Markets in the EU by : Erika M. Szyszczak

Download or read book The Regulation of the State in Competitive Markets in the EU written by Erika M. Szyszczak and published by Hart Publishing Limited. This book was released on 2012 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Services of General Economic Interest in EU Competition Law

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Author :
Publisher : Springer Nature
ISBN 13 : 9462653879
Total Pages : 320 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Services of General Economic Interest in EU Competition Law by : Lei Zhu

Download or read book Services of General Economic Interest in EU Competition Law written by Lei Zhu and published by Springer Nature. This book was released on 2020-05-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Remedies in EU Competition Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522445
Total Pages : 347 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Remedies in EU Competition Law by : Damien Gerard

Download or read book Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.

Experimentalist Competition Law and the Regulation of Markets

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910670
Total Pages : 227 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Experimentalist Competition Law and the Regulation of Markets by : Yane Svetiev

Download or read book Experimentalist Competition Law and the Regulation of Markets written by Yane Svetiev and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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

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Publisher : Springer Science & Business Media
ISBN 13 : 3540247122
Total Pages : 255 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Competition Policy in Europe by : Johann Eekhoff

Download or read book Competition Policy in Europe written by Johann Eekhoff and published by Springer Science & Business Media. This book was released on 2013-03-19 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788118391
Total Pages : 545 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Market Definition in EU Competition Law by : Miguel Sousa Ferro

Download or read book Market Definition in EU Competition Law written by Miguel Sousa Ferro and published by Edward Elgar Publishing. This book was released on 2019 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131744
Total Pages : 370 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Structure and Effects in EU Competition Law by : Basedow

Download or read book Structure and Effects in EU Competition Law written by Basedow and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123296
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Unfair Competition Law by : Frauke Henning-Bodewig

Download or read book Unfair Competition Law written by Frauke Henning-Bodewig and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law in the EU

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788974751
Total Pages : 500 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Competition Law in the EU by : Johan W. van de Gronden

Download or read book Competition Law in the EU written by Johan W. van de Gronden and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also emphasises the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks.

State and Market in European Union Law

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Publisher : Cambridge University Press
ISBN 13 : 0521857759
Total Pages : 271 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis State and Market in European Union Law by : Wolf Sauter

Download or read book State and Market in European Union Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2009-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.

Firm Dominance in EU Competition Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520000
Total Pages : 524 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Firm Dominance in EU Competition Law by : Jorge Marcos Ramos

Download or read book Firm Dominance in EU Competition Law written by Jorge Marcos Ramos and published by Kluwer Law International B.V.. This book was released on 2020-02-20 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union’s (EU’s) Article 102 case law, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed – today’s tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power—that a dynamic understanding of dominance requires looking both forwards and backwards in time—the author examines such sources of dominance as the following: ‒ statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; ‒ legacy firms such as the telecommunications or transport industries; ‒ natural monopolies, e.g., the exploitation of a mine; ‒ investment efforts undertaken in a competitive environment; ‒ intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; ‒ lucky monopolies; and ‒ anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competition law enforcement should be fine-tuned to adequately incorporate the origins of firm dominance into the analysis of single-firm behavior, the book makes a major contribution to the analysis of anticompetitive effects. Practitioners, competition authorities, and academics in competition law will greatly appreciate the book’s combination of legal analysis and recommendations for policy reform.

Constructing a European Market

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Publisher : OUP Oxford
ISBN 13 : 0191529524
Total Pages : 382 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Constructing a European Market by : Michelle Egan

Download or read book Constructing a European Market written by Michelle Egan and published by OUP Oxford. This book was released on 2001-06-14 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop a comprehensive account of the regulatory strategies and institutional arrangements adopted by the EU in promoting the single market in goods. It provides a historical overview and detailed cases studies of the various policy initiatives that have altered the boundaries between the public and private sector in fostering market integration. Tackling interstate barriers to trade has relied heavily on European law to shape the framework of relations between states, and trade liberalization has been facilitated by legal rulings resolving territorial conflicts over regulatory jurisdiction and authority. The European Court of Justice has actively shaped markets, acting as a 'free trade umpire' in balancing the goals of market liberalization and market regulation while fostering market compliance. Although markets are absolutely dependent on public authority, the institutional innovation of the EU has been to use the private sector in an ancillary role to the state. By delegating responsibility to set standards for market access, the EU has chosen to draw on the resources of private actors, resulting in a system of governance that is a distinctive, hybrid model of regulation composed of state and non-state actors. Though the "outsourcing" of public sector regulatory activity was expected to be more effective than the process of regulatory harmonization, progress has been difficult. The current deficit in setting standards for European-wide market access raises concerns about the efficiency and effectiveness of such a regulatory regime. Egan provides a detailed evaluation of that process, highlighting regulatory gaps in the single market and the need to focus not only on the process of market integration, but also its outcome and impact on European business. Comparisons with American efforts to create a national market are made throughout to demonstrate the difficulties of constructing and maintaining a single market. American and European efforts to devise a uniform market for commerce and trade have involved both public and private authorities, though with different degrees of coordination and centralization, as many of the strategies undertaken by the EU echo earlier American market-building efforts.

EU Competition and State Aid Rules

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Publisher : Springer
ISBN 13 : 3662479621
Total Pages : 316 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis EU Competition and State Aid Rules by : Vesna Tomljenović

Download or read book EU Competition and State Aid Rules written by Vesna Tomljenović and published by Springer. This book was released on 2017-12-28 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.

Bellamy & Child

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198794752
Total Pages : 0 pages
Book Rating : 4.7/5 (947 download)

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Book Synopsis Bellamy & Child by : David Bailey

Download or read book Bellamy & Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Experimentalist Competition Law and the Regulation of Markets

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910662
Total Pages : 290 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Experimentalist Competition Law and the Regulation of Markets by : Yane Svetiev

Download or read book Experimentalist Competition Law and the Regulation of Markets written by Yane Svetiev and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.