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Author: Rutger Claassen Publisher: ISBN: Category : Languages : en Pages : 15
Book Description
European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies to contribute to such non-economic goals. In this article we explore whether it is possible to establish a different normative framework, in which such goals can be taken into account and can be balanced against the economic goal of consumer welfare. To answer this question, we take four steps. First, we discuss current EU competition law and the difficulty of fitting non-economic goals into the dominant interpretation of that law. Second, we propose a different normative framework, based on the capability approach advanced by philosopher Martha Nussbaum and economist Amartya Sen. Third, we argue that there are good principled reasons to incorporate non-economic goals into competition law. Fourth, we apply both the capability approach and the consumer welfare approach to three (illustrative) cases in which non-economic goals are at stake. Overall, we argue that the capability framework, although not without difficulties of its own, may provide a more legitimate theory for the interpretation of European competition law.
Author: Rutger Claassen Publisher: ISBN: Category : Languages : en Pages : 15
Book Description
European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies to contribute to such non-economic goals. In this article we explore whether it is possible to establish a different normative framework, in which such goals can be taken into account and can be balanced against the economic goal of consumer welfare. To answer this question, we take four steps. First, we discuss current EU competition law and the difficulty of fitting non-economic goals into the dominant interpretation of that law. Second, we propose a different normative framework, based on the capability approach advanced by philosopher Martha Nussbaum and economist Amartya Sen. Third, we argue that there are good principled reasons to incorporate non-economic goals into competition law. Fourth, we apply both the capability approach and the consumer welfare approach to three (illustrative) cases in which non-economic goals are at stake. Overall, we argue that the capability framework, although not without difficulties of its own, may provide a more legitimate theory for the interpretation of European competition law.
Author: Damien Gerard Publisher: Bruylant ISBN: 2802757555 Category : Law Languages : en Pages : 336
Book Description
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.
Author: Ekaterina Rousseva Publisher: Hart Publishing ISBN: 9781841139265 Category : Law Languages : en Pages : 578
Book Description
This book offers an original interpretation of the case law on exclusionary abuses under Article 82 EC (now Article 102 TFEU, according to the numbering introduced by the Treaty of Lisbon), and it identifies the various factors that have shaped the application of this provision through its history. The book provides an in-depth analysis of the European Commission's Guidance on enforcement priorities under Article 82 and it makes a provocative proposal for further modernisation of the analysis of exclusionary abuses by recasting the prohibition of abuse of dominance as a norm which deals only with unilateral conduct. The first part of the book reconsiders fundamental legal and economic concepts underpinning the assessment of exclusionary abuses and identifies the difficulties posed by the principal forms of abusive practices (refusals to deal, predatory pricing, rebates and tying). The EU case law is compared with the US experience under Section 2 of the Sherman Act. The second part of the book explores solutions, based on the premise that the reform of Article 82 (now Article 102 TFEU) should be in line with the modernisation of Article 81 (now Article 101 TFEU) and the EU merger control rules. The last chapter demonstrates the gradual convergence of the application of Articles 81 and 82 in the area of vertical restraints. It points towards a redefined division of labour between these two provisions with a view to ensuring efficient enforcement, better protection of consumer interests, and clearer incentives for dominant firms to invest in desirable commercial practices. The book will be of interest to students and practitioners of EU competition law, and to those in other jurisdictions where the application of competition law to practices of dominant firms is controversial.
Author: Antoinette Adriana Maria Schrauwen Publisher: ISBS ISBN: 9789076871349 Category : Law Languages : en Pages : 266
Book Description
"This book contains the papers of a conference organised by the University of Amsterdam on the Rule of Reason concept. It is meant to comprise a full account of the legal state of affairs. It addresses the topic not only from the perspective of EC law but also from those of constitutional law, public international law and private law."--BOOK JACKET.
Author: Τάκης Τριδίμας Publisher: Hart Publishing ISBN: 1841134600 Category : Law Languages : en Pages : 448
Book Description
This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.
Author: Lennart Ritter Publisher: Springer ISBN: 9789041112675 Category : Business & Economics Languages : en Pages : 0
Book Description
EC competition law is in a steady process of evolution. Many important changes in legislation and enforcement emphasis have occurred since the First Edition appeared in 1991. These changes include: the amendment of the merger control regulation the harmonization and simplification of the procedural rules the liberalization of hitherto monopolized markets the coordinated application of the competition rules by the Commission national authorities and national courts a reappraisal of how to deal with vertical restraints in the Commission's Green Paper, The Council's first response, and finally the Commission's White Paper on Modernization of the Rules Implementing Article 81 and 82 of the EC Treaty (as renumbered by the Amsterdam Treaty). Even more fundamental changes in the structure of the Community And The dynamic forces of competition have caused a broader rethinking about competition rules which is ongoing as this Second Edition goes to press. The enlargement of the Community, monetary union, The new tasks attributed by the Maastricht And The Amsterdam Treaties, The continuing integration of national markets, The globalization of the economy and increasing international cooperation among antitrust authorities are new challenges and opportunities which call for a modernization of competition rules and enforcement procedures. To prepare a Second Edition of the Practitioner's Guide in such a period of change was a challenge, a risk and a necessity. The practitioner needs to be informed about how the EC competition rules are currently being applied in order to render meaningful, practical advice to firms whose agreements, transactions and conduct in the market place are governed by the competition rules. The Second Edition attempts to meet this need.
Author: Lazar Radic Publisher: ISBN: Category : Antitrust law Languages : en Pages : 0
Book Description
It is sometimes said that competition laws are or that they have become "neoliberal". However, for all the pervasiveness of the concept in the literature, it is still not entirely clear what neoliberalism is, or what a neoliberal competition law comports. The present thesis aims to bridge this gap by exploring the relationship between competition, competition law, and neoliberalism. The thesis is divided into two interrelated parts. Part one is a theoretical analysis of the meaning of competition and competition regulation in the context of neoliberalism. I explain neoliberalism in the broader context of political philosophy and identify two main strands, which I term first-wave and second-wave neoliberalism. I argue that each strand is built on values and assumptions which produce different visions of competition and competition law. Part two, on the other hand, aims is to exemplify what a neoliberal competition law system looks like in practice, with reference to substantive legal and institutional aspects of EU competition law. This thesis makes three main contributions. First, its sheds light on the broader question of the how the normative values and assumptions embedded in political philosophy influence our understanding of competition and how it should be regulated. This has foundational implications for the study and understanding of competition law. Second, the thesis posits that neoliberalism, a political philosophy which grapples with the problem of squaring efficient markets with other values and social arrangements, has been key in defining the role of competition and competition law in society. The example of the EU is given to illustrate how neoliberal ideas translate into concrete legal and institutional mechanisms. Third, the thesis adds nuance to the current understanding of neoliberalism by identifying two main strands and looking more granularly at the differences and similarities between them. This expands our current appreciation of the meaning and complexity of that political philosophy.
Author: Caroline Pauwels Publisher: ASP / VUBPRESS / UPA ISBN: 9054876034 Category : Business & Economics Languages : en Pages : 371
Book Description
How can policy keep up with the developments in a converging information society? How can all interests be taken into account when the value chains are being transformed? Addressing these questions, this title states that it is necessary to fundamentally reconsider the legal and policy frameworks
Author: Lennart Ritter Publisher: Kluwer Law International B.V. ISBN: 9041122583 Category : Law Languages : en Pages : 1248
Book Description
No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalisation, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep rethinking their practices and procedures and issuing new regulations. Now, in the wake of its highly acclaimed predecessors, the new Third Edition of European Competition Law offers the practitioner everything required to act in accordance with the latest developments in the field. Along with the thorough guide to continuing practice that its readers have come to expect, European Competition Law in its Third Edition fully covers such areas as the following: the Commission's new assessment of distribution practices and vertical restraints, in particular the block exemptions granted by Regulations 2790/1999 and 1400/2002; procedure before national competition authorities and national courts for enforcement of European rules under Regulation 1/2003; the new Merger Control Regulation in force as of 1 May 2004; the new Transfer of Technology Regulation; and, the increased fines for hard-core cartel practices or abuse of dominant market position. The Third Edition is remarkable in that it actually previews the substantive and procedural rules that will be coming into effect during 2004 and subsequent years. And, like prior editions, the work has no peer in its coverage of past administrative practice and the case law of the Court of Justice. All in all, European Competition Law, Third Edition, will be of immeasurable value to practitioners who need to keep informed about how EC competition laws are applied, so they can continue to render practical, meaningful advice to firms whose agreements, transactions and conduct in the marketplace are governed by competition rules.
Author: Rutger Claassen
Author: Rutger Claassen
Author: Damien Gerard
Author: Ekaterina Rousseva
Author: 
Author: Antoinette Adriana Maria Schrauwen
Author: Τάκης Τριδίμας
Author: Lennart Ritter
Author: Lazar Radic
Author: Caroline Pauwels
Author: Lennart Ritter