STRUCTURE AND EFFECTS IN EU COMPETITION LAW

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Structure And Effects In Eu Competition Law

Author : Basedow
ISBN : 9789041131744
Genre : Law
File Size : 49.38 MB
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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.
Category: Law

Competition Law

Author : Richard Whish
ISBN : 9780199586554
Genre : Law
File Size : 89.9 MB
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The authors describes the potential scope and application of the various legal provisions which regulate competition in the UK. This book also examines the results of the convergence of UK and EC law with regard to competition in business.
Category: Law

Marktmacht Und Verdr Ngungsmissbrauch

Author : Wolfgang Wurmnest
ISBN : 3161519140
Genre : Law
File Size : 79.37 MB
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English summary: Against the background of the ongoing debate in Europe on the more economic approach to competition law, Wolfgang Wurmnest gives a critical account of the orthodox interpretation and application of German and European abuse control prohibitions. Based on an economic and comparative analysis which includes US law, he advocates a more sophisticated assessment when applying abuse control law to exclusionary conduct. His approach combines the needs of the law with modern economic insights. German description: Vor dem Hintergrund der in ganz Europa gefuhrten Debatte um den more economic approach im Kartellrecht stellt Wolfgang Wurmest die Missbrauchsaufsicht uber marktbeherrschende Unternehmen auf den Prufstand. Auf Grundlage einer rechtsokonomischen Analyse und eines Vergleichs mit dem US-amerikanischen Recht zeigt er auf, wie das deutsche und das europaische Missbrauchsverbot auszulegen und anzuwenden sind, so dass unter Berucksichtigung der Eigengesetzlichkeiten des Rechts modernen okonomischen Erkenntnissen Rechnung getragen wird. Die zweite Auflage bringt das Werk auf den Stand von April 2012 und berucksichtigt bereits den Regierungsentwurf fur die 8. GWB-Novelle, mit der eine Neuordnung der deutschen Missbrauchskontrolle angestrebt wird.Pflichtlekture fur alle Kartellrechtler Volker Emmerich Die Aktiengesellschaft 2011,724 Die grosse Starke der Arbeit liegt [a] darin, die grundlegenden Ausfuhrungen schlussig mit der Analyse von spezifischen Anwendungsproblemen der Missbrauchsaufsicht zu verbinden. [a] Insgesamt kann die vorliegende Arbeit daher als sehr gelungen gelten. Arndt Christiansen Wirtschaft und Wettbewerb 2011, 621-622
Category: Law

Joint Ventures And Eu Competition Law

Author : Luis Silva Morais
ISBN : 9781782253471
Genre : Law
File Size : 68.44 MB
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This book examines the treatment of joint ventures (JVs) in EU Competition Law, and at the same time provides a comparison with US law. It starts with an analysis of the rather elusive concept of JV, encompassing both concentrative JVs (subject to merger control) and non-concentrative JVs. Although focused on possible definitions of joint ventures in terms of competition law, it also includes a broader perspective (going beyond competition law) on the different legal models of structuring cooperation links between undertakings. At the core of the book is an attempt to build an analytical model for the assessment of JVs in terms of antitrust law, especially as regards Article 101 of the TFEU. The analytical model used proposes a set of sequential analytical levels, taking into account structural factors and specific factors related to the main constituent elements of the functional programmes of JVs. The model is applied to a substantive assessment of four main types of JVs identified on the basis of their prevailing economic function: research and development JVs; production JVs; commercialization JVs; and purchasing JVs. Also covered are particular situations of joint ownership of undertakings falling short of joint control. In the concluding part of the book recent developments in JV antitrust law are put into context within the wider reform of EU Competition Law. The book is also comprehensively updated with the latest developments concerning the reform of the EU framework of horizontal cooperation between undertakings that took place at the end of 2010.
Category: Law

European Competition Law

Author : Weijer VerLoren van Themaat
ISBN : 9781786435477
Genre : Law
File Size : 55.69 MB
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This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.
Category: Law

Eu Competition Law

Author : Alison Jones
ISBN : 9780198723424
Genre : Law
File Size : 45.24 MB
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The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from two leading experts in the field. In this fast-paced subject area, Alison Jones and Brenda Sufrin carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. The text is accompanied by an Online Resource Centre containing: -An additional chapter on State Aid -An interactive map and timeline of the EU -Web links -Updates in the law
Category: Law

Eu Competition Law And Liberal Professions An Uneasy Relationship

Author : Ida E. Wendt
ISBN : 9789004214514
Genre : Law
File Size : 85.11 MB
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Drawing on the fundamental principles of EU competition law, this book comprehensively reassesses the authority and democratic legitimacy of self- and state regulation of liberal professions, and ultimately challenges the use of a diffuse public interest concept in professional regulation.
Category: Law

A Principled Approach To Abuse Of Dominance In European Competition Law

Author : Liza Lovdahl Gormsen
ISBN : 9781139486842
Genre : Law
File Size : 61.61 MB
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Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse? Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission's chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law. The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings' ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82.
Category: Law

Merger Remedies In American And European Union Competition Law

Author : François Lévêque
ISBN : 1781957649
Genre : Law
File Size : 78.99 MB
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This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinized and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.
Category: Law

The Concept Of Abuse In Eu Competition Law

Author : Pinar Akman
ISBN : 9781847318909
Genre : Law
File Size : 65.12 MB
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The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
Category: Law