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The Politics of European Competition Regulation

Author: Hubert Buch-Hansen

Publisher: Routledge

Published: 2011-03-07

Total Pages: 208

ISBN-13: 9780203828526

The Politics of European Competition Regulation provides an original and theoretically informed account of the political power struggles that have shaped the evolution of European competition regulation over the past six decades. Applying a critical political economy perspective, this book analyses the establishment and development of competition regulation at European Community and national level since the 1950s. It puts forth the central argument that competition regulation came to reflect the broader shift towards a neoliberal order since the 1980s. Buch-Hansen and Wigger argue that this shift, which took place against the background of the gradual transnationalisation of capitalist production and the economic crisis of the late 1970s, was driven by the European Commission in alliance with the emerging transnational capitalist class. The authors examine the political responses to the current global economic crisis in the fields of state aid, cartel prosecution and merger control and conclude that an alternative type of competition regulation, which forms part of a much broader transformation of the current socioeconomic order, is needed. This book will be of interest to students and scholars of (global) political economy, European integration and competition law.

The Politics of European Competition Regulation

Author: Hubert Buch-Hansen

Publisher: Routledge

Published: 2011-03-07

Total Pages: 201

ISBN-13: 1136808930

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Examines the political power struggles that have shaped the evolution of European competition regulation over the past six decades

The Evolution of European Competition Law

Author: Hanns Ullrich

Publisher: Edward Elgar Publishing

Published: 2006-01-01

Total Pages: 379

ISBN-13: 1847201865

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Professor Ullrich is thoughtful and attracted star scholars from many countries, so the papers and discussion are provocative and introduce recent economic thinking, although many are written by lawyers. . . The text is lucid and interesting, the thought innovative and anyone seriously interested in competition policy should read these papers and the comments with pleasure. Valentine Korah, World Competition This collection of papers and comments deserves to be widely read, and it should appeal to academics and practitioners alike. The great mix of topics and the variety of views offered make this a very stimulating contribution to the discussion of the new paradigm of EC competition law, the more economic approach, and its implications for the application and interpretation of the various EU antitrust rules. Thomas Eilmansberger, European Law Journal The editor should be congratulated for bringing together this diverse group of scholars whose spirited disagreements remind one of the many challenges faced in exploring the role and function of competition law. Giorgio Monti, European Review of Contract Law With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition, which it does by reviewing the following subjects: foundations of competition policy in the EU and the US strategic competition policy the evolution of European competition law from a national (Italian) perspective the block exemption of vertical agreements after four years the new Technology Transfer Block Exemption cooperative networking mergers in the media sector abuse of market power concepts of competition in sector specific regulation competition, regulation and systems coherence efficiency claims in EU competition law and sector specific regulation. The Evolution of European Competition Law will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.

The Normative Foundations of European Competition Law

Author: Oles Andriychuk

Publisher: Edward Elgar Publishing

Published: 2017-08-25

Total Pages: 360

ISBN-13: 1786436078

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Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.

Competition Policy Enforcement in EU Member States

Author: Mattia Guidi

Publisher: Springer

Published: 2016-09-23

Total Pages: 186

ISBN-13: 1137588144

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This book investigates the crucial EU policy of competition, which is enforced by the Commission and by national agencies that enjoy various degrees of autonomy from their governments. More and more policy-making activities are nowadays delegated to agencies that cannot be held accountable to parliaments, and ultimately to voters. The author explains why this is the case in the field of EU competition policy and discusses whether independence is linked to improved enforcement – as theories of delegation and common wisdom would suggest. These questions are explored with an in-depth analysis covering 27 EU countries for 17 years (1993–2009). While the results show that independence is given when countries lack credibility and good reputation, they also point out that autonomy from governments can hardly be associated with improved regulatory output. So, is independence of competition authorities useful to society in the end? This book will appeal to upper-level students and scholars interested in competition policy, regulatory agencies, and European public policy.

The Historical Foundations of EU Competition Law

Author: Kiran Klaus Patel

Publisher: Oxford University Press

Published: 2013-07-11

Total Pages: 256

ISBN-13: 0199665354

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A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.

Public Services and EU Competition Law

Author: Daniele Gallo

Publisher: Taylor & Francis

Published: 2022-06-09

Total Pages: 132

ISBN-13: 1000589293

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This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.

Regulating Cartels in Europe

Author: Christopher Harding

Publisher:

Published: 2010

Total Pages: 439

ISBN-13: 0199551480

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One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.

The Shaping of EU Competition Law

Author: Pablo Ibez Colomo

Publisher: Cambridge University Press

Published: 2018-07-12

Total Pages: 389

ISBN-13: 1108429424

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A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.

European Competition Law

Author: Weijer VerLoren van Themaat

Publisher: Edward Elgar Publishing

Published: 2018-01-26

Total Pages: 1010

ISBN-13: 1786435470

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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.