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How to Give a Meaningful Interpretation to the Efficiency Defence in European Competition Law?

2011
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Release : 2011
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Book Synopsis How to Give a Meaningful Interpretation to the Efficiency Defence in European Competition Law? by : Pál Szilágyi

Download or read book How to Give a Meaningful Interpretation to the Efficiency Defence in European Competition Law? written by Pál Szilágyi. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: The role of the efficiency defence in competition law, particularly in European Union competition law was always heavily debated since the adoption of the first merger regulation in the European Community, later the European Union. According to the current interpretation of the notion of dominance by the ECJ it is not possible to justify a merger creating or strengthening a dominant position based on efficiency justification. Moreover, the structural presumptions underlying the system of merger control prevail in such situations. If the merged undertaking does not have a dominant position, efficiency gains can outweigh the harm to competition on the condition that the benefits reach the consumers. This approach is not only consistent with past case law, but is also reflecting the traditions of the Harvard- and Freiburg Schools. Oligopoly theory suggests that concentration on the market is a very relevant factor and this is reflected in the SIEC test. This a revised version of the previous working paper under the same title.

Regulating Competition in the EU

2024-05-21 Law
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Release : 2024-05-21
Genre : Law
Kind : eBook
Book Rating : 881/5 ( reviews)

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Book Synopsis Regulating Competition in the EU by : Pernille Wegener Jessen

Download or read book Regulating Competition in the EU written by Pernille Wegener Jessen. This book was released on 2024-05-21. Available in PDF, EPUB and Kindle. Book excerpt: This revised and updated edition of a basic sourcebook and practice guide in EU competition law retains the first edition’s significantly broader perspective on EU competition law than most books in the field. It explains not only the traditional areas of competition law but also aspects of competition law that are of particular importance to practitioners. With its comprehensive overview of relevant provisions related to competition, among others, the authors shed clear light on the following topics and the interplay between these different areas of competition law: the prohibition of agreements which restrict competition; the prohibition of abuse of dominant position; the rules on merger control; the prohibition of State aid; the liberalised sectors such as energy supply, transport, postal services, and telecommunications; and the rules on public procurement. The chapters integrate an extensive number of sources, including new acts, new decisions and judgments, and new Commission guidelines, that help guide the interpretation of the underlying Treaty provisions. With its enhanced view of EU competition policy, regulation, and enforcement and its emphasAis on specific industry sectors, this book offers an unusually thorough view of aspects of competition law which play an essential role in regulating the conduct of undertakings and public authorities in the market. This new edition will continue to be of special value to any lawyer, policymaker, or scholar active in European competition law.

Comparative Competition Law

2015-11-27 Law
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Release : 2015-11-27
Genre : Law
Kind : eBook
Book Rating : 577/5 ( reviews)

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Book Synopsis Comparative Competition Law by : John Duns

Download or read book Comparative Competition Law written by John Duns. This book was released on 2015-11-27. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.

Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?

2008-07-25 Political Science
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Release : 2008-07-25
Genre : Political Science
Kind : eBook
Book Rating : 651/5 ( reviews)

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Book Synopsis Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? by : Mark-Oliver Mackenrodt

Download or read book Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? written by Mark-Oliver Mackenrodt. This book was released on 2008-07-25. Available in PDF, EPUB and Kindle. Book excerpt: As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.

Bellamy & Child

2018 Law
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Release : 2018
Genre : Law
Kind : eBook
Book Rating : 752/5 ( reviews)

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Book Synopsis Bellamy & Child by : David Bailey

Download or read book Bellamy & Child written by David Bailey. This book was released on 2018. 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.

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