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Author: Albert Sánchez Graells Publisher: Bloomsbury Publishing ISBN: 1782253599 Category : Law Languages : en Pages : 480
Book Description
Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.
Author: Albert Sánchez Graells Publisher: Bloomsbury Publishing ISBN: 1782253599 Category : Law Languages : en Pages : 480
Book Description
Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.
Author: Mark R Freedland Publisher: Bloomsbury Publishing ISBN: 1847310591 Category : Law Languages : en Pages : 269
Book Description
The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
Author: Rafael Amaro Publisher: Bruylant ISBN: 2802770292 Category : Law Languages : en Pages : 353
Book Description
This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.
Author: Paul Demaret Publisher: Peter Lang ISBN: 9789052010670 Category : Business & Economics Languages : en Pages : 576
Book Description
This book gathers together contributions from thirty-two former and current professors who have, through their teaching in the Legal Studies Department at the College of Europe, enhanced the College's reputation as an authentic European academic postgraduate centre of excellence. Within their areas of specialisation the authors analyse both the evolution of European law over the years and more specific questions. The contributions cover institutional/constitutional law, judicial remedies, the law governing the internal market and its accompanying politics, competition law, and the law of the Union's external relations. Cet ouvrage rassemble les contributions de trente-deux professeurs, anciens et actuels, du département d'études juridiques européennes du Collège d'Europe. Par leur enseignement, ceux-ci ont assuré à cette institution, originale par sa dimension européenne, sa reconnaissance en tant que centre académique post-universitaire d'excellence. Les auteurs analysent, chacun dans sa spécialité, l'évolution du droit européen ou des questions plus particulières. Les contributions couvrent ainsi le droit institutionnel/constitutionnel, le contentieux, le droit du marché intérieur et de ses politiques d'accompagnement, le droit de la concurrence et le droit des relations extérieures de l'Union européenne.
Author: LAPEYRE Michel Publisher: Lavoisier ISBN: 2746289032 Category : Languages : en Pages : 322
Book Description
L'approvisionnement en électricité connaît en France de nombreuses et profondes transformations : le monopole de la fourniture est supprimé , le capital d'EDF est ouvert , les énergies renouvelables se développent , la lutte contre les émissions de gaz à effet de serre devient une priorité , la maîtrise de la demande d'énergie doit impérativement se développer , on peut donner aux réseaux publics des fonctions supplémentaires grâce aux techniques de l'information et de la communication. Les nouvelles régulations électriques ont pour objet les multiples organismes contribuant, à des degrés divers, à déterminer ou à influencer – autrement dit à réguler – le cadre dans lequel les entreprises électriques exercent aujourd'hui leurs activités. Cet ouvrage décrit chaque régulation et en analyse les effets. Le présent tome, à caractère économique et politique, porte sur les régulations destinées à la maîtrise des prix et à la progression de la qualité.
Author: Patrick Hubert Publisher: Primento ISBN: 2802746324 Category : Law Languages : en Pages : 178
Book Description
Companies today must consider and comply with competition law in their daily business management. The financial and reputational risks for breaching such rules are severe and the success of many merger and acquisition projects depends very much on it. While competition law rules become increasingly sophisticated, business people are still expected to comply with it. Rather than giving a theoretical approach that can be found in a typical practitioner’s book or textbook, «Day-to-Day competition law: a practical guide for businesses» is genuinely a practical book. The interaction between theory and practice is the main feature of the book. Major competition law issues are explained in a jargon-free manner and summarized in a nutshell at the end of each chapter. Not only will the reader gain an understanding of competition law rules, but also will gain a better understanding on how a company can behave and what to do if it is subject to an investigation by the competition authorities. This practical guidance may serve as a platform for designing internal in-house rules governing behaviour in relation to competition law, and may also trigger a revision of such rules in light of some of the issues raised by the authors. While a particular focus is drawn on the EU – as the EU competition law system is replicated in a large number of countries around the world – reference to differing rules and other key jurisdictions such as the United States is also made. This book is written to appeal to business people, as well as non-specialized in-house lawyers, and all those who wish to understand competition law in a clear and practical way. The authors’ experience in the field of competition law ranges from leading investigations on behalf of competition authorities to applying competition law in a major global company in its daily activities, and advising multinational clients of one of the world’s leading law firms. It is this professional insight which provides the reader with an invaluable inside view of all aspects of competition law, from the way authorities think to the impacts competition law has on businesses.
Author: Joaquín Almunia Publisher: Bruylant ISBN: 2802753029 Category : Law Languages : en Pages : 214
Book Description
This volume contains the papers presented at the annual Concurrences Journal conference held on 21 February 2014 at the French Ministry for the Economy. After the traditional « State of the Union », presented by Vice President Joaquín Almunia in the context of the « after » economic crisis, the papers adress four main issues: • Detection of anticompetitive practices: Should existing tools be revised or new tools introduced? Leniency, market surveys, financial reward… • Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system? • European Competition Network 10 years after & EC Regulation 1/2003: Can cooperation be extended to merger control and advocacy? • Restructuring firms in the context of crisis: What role for merger policy? The volume ends by a contribution of Minister Benoît Hamon on the French class action. This work was published in the collection under the scientific direction of Professor Laurence Idot.
Author: Philippe Corruble Publisher: Bruylant ISBN: 2802769863 Category : Law Languages : en Pages : 151
Book Description
In twenty years, the globalization of trade has led to a change in scale that has upset the balance of power between the players in online containerized maritime transport and the logistics chain passing through European seaports. Three global shipping alliances dominate 90% of online containerized maritime transport, while further integrating port activities. Twelve Asian ports, eight of which are Chinese, are now among the top fifteen in the world. At the same time, Chinese interests, supported by public authorities and resources, are taking control of terminals and port companies in Europe, as part of the geopolitical project of the New Silk Roads. This economic and industrial context is emblematic of the challenges facing European competition law, which has so far accompanied rather than controlled these transformations. European competition rules will have to be mobilized in a global context, alongside the new rules on the control of foreign direct investment. This study takes stock of the new regulatory challenges in this sector of prime importance for the Union.
Author: Publisher: Editions Bréal ISBN: 2749525780 Category : Languages : en Pages : 241
Author: Albert Sánchez Graells
Author: Albert Sánchez Graells
Author: Mark R Freedland
Author: Dermot Cahill
Author: Rafael Amaro
Author: Paul Demaret
Author: LAPEYRE Michel
Author: Patrick Hubert
Author: Joaquín Almunia
Author: Philippe Corruble
Author: