The Uneven and Unsure Playing Field for Competition Damages Claims in the EU: Shortcomings and Failures of Directive 2014/104/EU and Its Implementation

2021 ◽  
Author(s):  
Francisco Marcos
Keyword(s):  
Playing Field ◽  
The Eu

‘Losing Leverage’ in the Neighbourhood: A Cognitive Frame Analysis of the European Union Migration Policy

2021 ◽  
Vol 58 (3) ◽  
pp. 302-323
Author(s):  
Jyri J. Jäntti ◽  
Benjamin Klasche
Keyword(s):  
European Union ◽  
Service Providers ◽  
Migration Policy ◽  
Burden Sharing ◽  
The European Union ◽  
Cognitive Frames ◽  
Playing Field ◽  
Power Shift ◽  
Security Problem ◽  
The Eu

The European Union (EU)–Turkey deal consolidated a shift in the EU’s migration policy. The deal is the culmination of the dominance of the security frame and depicts the continuous externalization of the EU’s responsibility of asylum protection and burden sharing. The strengthening of the security frame has weakened the humanitarian norms that previously dictated EU’s behaviour. This has led to the EU losing some of its comparative advantages in negotiations. Simultaneously, the instrumentalization of the value of asylum, paired with an increased number of asylum seekers, has given negotiation leverage to the neighbouring countries turned service providers. These changes in perception and norms have created a power shift, at the disadvantage of the EU, creating a more leveled playing field for negotiations between the parties. This article tracks the historical shifts in the global refugee regime to explain how today’s situation was created. Hereby, the existence of two competing cognitive frames—humanitarian and security—is assumed, tracked and analysed. While looking at the EU–Turkey deal, the article shows that the EU has started treating refugees as a security problem rather than a humanitarian issue, breaking the normative fabric of the refugee regime in the process. The article also displays how Turkey was able to capitalise on this new reality and engage with negotiations of other neighbouring countries of EU that point towards a change of dynamics in the global refugee regime.

Concentrations in the Aviation Sector: How to maintain the level playing field for airlines and airports?

2021 ◽  
Vol 24 (3) ◽  
pp. 485-511
Author(s):  
Valentine Lemonnier
Keyword(s):  
Competition Law ◽  
Air Transport ◽  
Transport Sector ◽  
Level Playing Field ◽  
Playing Field ◽  
Market Participants ◽  
Free Competition ◽  
Eu Competition Law ◽  
Different Types ◽  
The Eu

Before the Covid-19 pandemic hit, the scheduled passenger air transport sector was already subject to several horizontal concentrations. The mix of free competition and strict regularization in the air transport sector in the EU raises the question whether the current framework will still be able to provide a level playing field to the market participants, notably airlines and airports. The study focusses on how EU competition law has influenced horizontal concentrations (i.e. mergers and horizontal co-operations) in the scheduled passenger air transport sector. The results of the discussion are the basis for a reflection of the effects of different types of horizontal concentrations on the negotiation power of airlines vis-à-vis airports. A third focus of the study is the identification of regulatory weaknesses with regard to airport financing under the Airport Charges Directive (Directive 2009/12/EC), how those weaknesses benefit airlines and how they might interfere with efforts made under the application of competition law.

scholarly journals State Aid Rules and Public Financing of Infrastructure. The Case of Autostrada Wielkopolska S.A.

2020 ◽  
Vol 10 (1) ◽  
pp. 77-96
Author(s):  
Paulina Kubera
Keyword(s):  
Public Expenditure ◽  
State Aid ◽  
Public Financing ◽  
The Road ◽  
Playing Field ◽  
Toll Road ◽  
Legal Provisions ◽  
Concession Contract ◽  
The Eu ◽  
Made In

Abstract The operation of a toll road typically involves an economic activity for which State aid rules apply. However, if the construction and operation of the road infrastructure is bundled and they are tendered out together, they usually fall outside the State aid regime. The reason for it lies in the fact that the use of competitive procurement procedures aim to increase the efficiency of public expenditure and to ensure a level playing field for private operators to compete for public contracts. Nevertheless, based on the European Commission’s decisional practice, it transpires that an economic advantage for a concession holder cannot be ruled out automatically, in particular when there are amendments made to the original agreement. On the example of the Autostrada Wielkopolska S.A. case, critical State aid issues are discussed, among others, the application of State aid rules to public financing of infrastructure, the amendments made to a concession contract in the light of the risk assignment problem, as well as the existence of State aid in the form of overcompensation for a concession holder. The considerations are carried out on the canvas of a concrete case; however, they are enriched by the analysis of relevant legal provisions as well as conclusions from the EU courts and the European Commission decisions made in similar cases.

scholarly journals Dimensions of bank capital regulation: A cross-country analysis

2014 ◽  
Vol 61 (4) ◽  
pp. 415-439 ◽  
Author(s):  
Matej Marinc ◽  
Mojmir Mrak ◽  
Vasja Rant
Keyword(s):  
World Bank ◽  
Capital Regulation ◽  
Bank Capital ◽  
Level Playing Field ◽  
Playing Field ◽  
The World Bank ◽  
Bank Capital Regulation ◽  
Country Analysis ◽  
Cross Country ◽  
The Eu

This paper identifies the main dimensions of capital regulation. We use survey data from 142 countries from the World Bank?s (2013) database covering various aspects of bank regulation. Using multiple explorative factor analysis, we identify two main dimensions of capital regulation: complexity of capital regulation and stringency of capital regulation. We show that even countries with a common legal and regulatory framework differ substantially in terms of capital regulation. For example, the level of stringency of capital regulation varies substantially across the EU countries, potentially distorting the level playing field.

Part II The New EU Prospectus Rules, 9 The Contents of the Prospectus: Non-Financial Information and Materiality

2020 ◽  
Author(s):  
de Serière Victor
Keyword(s):  
Capital Markets ◽  
Investor Protection ◽  
Tort Law ◽  
Financial Information ◽  
Good News ◽  
Level Playing Field ◽  
Playing Field ◽  
Prospectus Liability ◽  
Capital Markets Union ◽  
The Eu

This chapter addresses the non-financial information to be included in a prospectus, alongside an analysis of the fundamental concept of materiality. It examines some issues relating to non-financial information to be included in a prospectus under the new EU prospectus regime. A level playing field in terms of uniform investor protection within the EU accordingly has regrettably not been achieved. This chapter argues that the Prospectus Regulation could have achieved more by requiring Member States to impose certain uniform tort law requirements in their national prospectus liability regimes. Another topic addressed in this chapter relates to the possibility for offerors of securities to obtain liability protection by including exoneration clauses in prospectuses. The Prospectus Regulation does not regulate this topic, but the analysis in this chapter shows that the possibilities appear to be severely limited; practice in any event shows that exoneration is seldom (if ever) stipulated. The chapter concludes that all this appears to be relatively good news in terms of investor protection generally, but the lack of harmonisation stands in the way of a unified EU capital markets union.

Data Protection in the Federal Republic of Germany and the European Union: An Unequal Playing Field

2014 ◽  
Vol 15 (3) ◽  
pp. 461-494
Author(s):  
Anne-Marie Zell
Keyword(s):  
European Union ◽  
Data Protection ◽  
New Technologies ◽  
Location Based Services ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Playing Field ◽  
The Eu

With the negotiation of its Data Protection Regulation, the European Union seeks to reform an outdated set of laws that has failed to address the evolving data protection challenges inherent in new technologies such as social networks, e-commerce, cloud computing, and location-based services. This article addresses the forthcoming Data Protection Regulation as well as the current state of data protection law in the EU, with a particular focus on Germany. The first part of the article examines Germany's robust data protection framework and the EU's existing authority. The article then raises key issues related to data protection in Germany and the EU—namely, discrepancies in data protection standards and enforcement among EU Member States—as illustrated by recent, high profile cases involving household names like Facebook, Apple, Google, and Amazon. Through this analysis, the article attempts to explain how and why companies doing business in Germany, but established in other EU Member States, are subject to less stringent data protection standards than German companies. Lastly, the article synthesizes the issues in debate with regard to the draft Data Protection Regulation and offers perspectives on what the Regulation could and should mean for data protection in the EU.

EU Green Deal will involve greater state regulation

2020 ◽  
Keyword(s):  
Ghg Emissions ◽  
Radical Change ◽  
State Regulation ◽  
Low Carbon ◽  
Content Type ◽  
Low Carbon Economy ◽  
Playing Field ◽  
Goods And Services ◽  
Sector Funds ◽  
The Eu

Subject European Green Deal. Significance The European Green Deal seeks to transform the EU to a low-carbon economy. It proposes radical change in the way goods and services are produced and consumed. While based on a level playing field for all actors within the EU, it implies much greater state regulation of economic and social activities with the aim of achieving net zero greenhouse gas (GHG) emissions by 2050. Impacts The Green Deal’s adoption would increase the likelihood of environmental criteria becoming more prominent in trade policy. The mobilisation of additional public sector funds implies rising debt levels on top of the expenditure relating to COVID-19. COVID-19 will delay EU and member state scrutiny and ratification of the Green Deal components.

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