Pleading for a “Multiple Goal Approach” in European Competition Law

2019 ◽  
pp. 51-66
Author(s):  
Martin Meier
Keyword(s):  
Competition Law ◽  
Goal Approach ◽  
Multiple Goal ◽  
European Competition Law

“Collective Redress” in European Competition Law

2016 ◽  
Vol 14 (4) ◽  
pp. 388-414
Author(s):  
Alexandra P. Mikroulea
Keyword(s):  
Hybrid System ◽  
Competition Law ◽  
Mixed System ◽  
Basic Question ◽  
Effective Implementation ◽  
The United Kingdom ◽  
Collective Redress ◽  
Opt Out ◽  
Private Autonomy ◽  
European Competition Law

AbstractOpt-in or opt-out? That is the basic question to be answered. The decision to promote actions of “opt-in” type as opposed to those of the “opt-out” type, for the sake of private autonomy, does not ensure the effective application of european competition law. On the contrary, it may decrease the application’s intensity and effectiveness. Recent reforms among European state members such as in the United Kingdom, Belgium, the Netherlands, Denmark and Norway are powerful indications that the opt-out principle may result in the effective implementation of competition law. There is no doubt that a mixed system (hybrid system), providing the court with the power to decide in favour of either the opt-in or the opt-out system, will result in better implementation of competition law. At the present time there are two pending cases in England (Dorothy Gibson and Mastercard) for which the decision on opt-out or opt-in are highly anticipated. Should the court decide, in one or both of the cases, on an opt-out approach, this will bring a momentous reevaluation of the entire collective redress concept.

THE INFLUENCE OF FAIR COMPETITION ON THE MANAGEMENT OF PUBLIC UNDERTAKINGS

2013 ◽  
Vol 8 (1) ◽  
pp. 42-54
Author(s):  
Camille Carbonnaux
Keyword(s):  
A Priori ◽  
Practical Importance ◽  
Competition Law ◽  
Legal Aspects ◽  
The Other ◽  
Common Features ◽  
Fair Competition ◽  
Management Perspective ◽  
The Common ◽  
European Competition Law

Since the 1990s, European judicial and normative institutions have paid particular attention to the competitive practices of public undertakings. Consequently, their regime is governed by a significant number of rules pursuing objectives appearing, a priori, contradictory. In fact, public undertakings may experience difficulties in their management. In this context, an approach of public competition law through the prism of fair competition can be very useful. Regarding the uniformity of its judgment, fair competition appears as an objective capable of coordinating rules and overcoming their contradictions. It thereby offers a global and coherent reading plan of all the legal translations of the European competitive order being of some practical importance. In illuminating the common features of the different legal aspects of competition, we can easily switch from one to the other. It therefore makes the European approach to competition more accessible and understandable. Furthermore, and most importantly, it leads to identifying legal opportunities and threats in a cross-disciplinary way. So, from a “Law & Management” perspective, it appears to be a precious tool for the management of public undertakings. Key words: European competition law, public undertakings, fair competition, “Management & law”.

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