An Eu Competition Court

Author : Adriana Almășan
Publisher : Springer
ISBN 13 : 3319473824
Total Pages : 295 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Consistent Application of EU Competition Law written by Adriana Almășan and published by Springer. This book was released on 2017-01-04 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Author : Marc Veenbrink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514418
Total Pages : 506 pages
Book Rating : 4.13/5 ( download)

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Download or read book Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236

Author : Floris O. W. Vogelaar
Publisher : Europa Law Publishing
ISBN 13 : 9789089520913
Total Pages : 456 pages
Book Rating : 4.10/5 ( download)

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Download or read book The EU Competition Rules written by Floris O. W. Vogelaar and published by Europa Law Publishing. This book was released on 2010 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims at providing the Legal Masters student throughout Europe's universities with a thorough selection of case law that would be of direct help when studying the subject for the first time. The primary criterion for selection has been whether a particular case has contributed to the development of one of the doctrines or notions that are so important to the understanding of EU competition law. All cases and decisions have been incorporated with their key recitals and texts only, so as to make the amount of text digestible in the context of an introductory course in EU competition law. Furthermore. for each case there is the mention of its relevance within the legal system and each case is accompamed with a short summary of its facts and circumstances. The sequence of cases follows the logic order in which EU competition law may or. in the author's view, should be taught. Wherever of practical use to the reader, cross-references are being made, be these of a general --

Author : Cristina Teleki
Publisher : BRILL
ISBN 13 : 9004447490
Total Pages : 392 pages
Book Rating : 4.93/5 ( download)

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Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Author : Weijer VerLoren van Themaat
Publisher : Edward Elgar Publishing
ISBN 13 : 1783476877
Total Pages : 930 pages
Book Rating : 4.79/5 ( download)

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Download or read book European Competition Law written by Weijer VerLoren van Themaat and published by Edward Elgar Publishing. This book was released on 2014-11-28 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Competition Law: A Case Commentary explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The selection is based on the interpretative value of the

Author : A. Andreangeli
Publisher : Edward Elgar Publishing
ISBN 13 : 184844267X
Total Pages : 297 pages
Book Rating : 4.72/5 ( download)

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Download or read book EU Competition Enforcement and Human Rights written by A. Andreangeli and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.

Author : Weijer VerLoren van Themaat
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435470
Total Pages : 1010 pages
Book Rating : 4.77/5 ( download)

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Download or read book European Competition Law written by Weijer VerLoren van Themaat and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Mihail Danov
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251596
Total Pages : 452 pages
Book Rating : 4.90/5 ( download)

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Download or read book Cross-Border EU Competition Law Actions written by Mihail Danov and published by Bloomsbury Publishing. This book was released on 2013-06-18 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154051
Total Pages : 1618 pages
Book Rating : 4.57/5 ( download)

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Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.

Author : Pablo Ibez Colomo
Publisher : Cambridge University Press
ISBN 13 : 1108429424
Total Pages : 389 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Shaping of EU Competition Law written by Pablo Ibez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.