Greening EU Competition Law and Policy

2011 ◽  
Author(s):  
Suzanne Kingston
Keyword(s):  
Competition Law ◽  
Law And Policy ◽  
Eu Competition Law

scholarly journals The Implementation of the ECN+ Directive in Hungary and Lessons Beyond

2019 ◽  
Vol 12 (19) ◽  
pp. 55-90 ◽  
Author(s):  
Katalin J. Cseres
Keyword(s):  
Competition Law ◽  
Member States ◽  
Eu Member States ◽  
Law And Policy ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules ◽  
Institutional Aspects ◽  
Shed Light ◽  
The Eu

In order to facilitate national competition authorities (NCAs) in their application of EU competition rules, the EU legislator adopted Directive 2019/1/EU. The Directive’s aim is to empower the competition authorities of the Member States to be more effective enforcers of competition law and to ensure the proper functioning of the internal market. The so-called ECN+ Directive introduces minimum harmonisation rules allowing competition authorities to have common investigative, decision-making (notably fining decisions) and enforcement powers. The Directive, furthermore, sets minimum safeguards for the NCAs’ independence, accountability and resources as well as harmonizes leniency programmes including the coordination of national leniency programmes with each other and with that of the European Commission. This paper critically analyzes the legal and policy developments that paved the way for the adoption of this Directive. Moreover, it examines the changes the implementation of the Directive is likely to generate in current Hungarian law and policy of competition protection. The focus of the paper’s assessment is on the institutional aspects of the Directive and the enforcement of Articles 101 and 102 TFEU, in particular the mechanisms for ensuring independence and accountability of the NCAs. Through the assessment of the Hungarian implementation, the paper aims to shed light on a broader context of the Directive and the enforcement of EU competition law in EU Member States. The paper shows that the implementation of the Directive may fail to translate into (more) effective enforcement without an effective institutional capacity on the side of the NCAs, and in the broader legal and constitutional context of competition law and its multilevel enforcement

Vertical Agreements

2021 ◽  
pp. 55-78
Author(s):  
Alison Jones
Keyword(s):  
Rapid Growth ◽  
Transition Period ◽  
Competition Law ◽  
Internal Market ◽  
Law And Policy ◽  
Eu Competition Law ◽  
Resale Price ◽  
The Uk ◽  
Price Maintenance ◽  
The Eu

Alison Jones looks at vertical agreements in Chapter 3. This chapter charts the development of UK competition law and policy towards vertical agreements over the 20 years since the Competition Act 1998 came into force. It traces how UK policy has evolved, before examining the UK jurisprudence that assesses the compatibility of vertical agreements with competition law. It notes that although many UK cases initially focused on resale price maintenance, more recently a number have analysed vertical restraints affecting online selling, which have proliferated since 2000 with the rapid growth of e-commerce. The chapter also considers how the law could, or should, develop in the future, especially now the transition period following the UK’s departure from the EU has ended. An important issue considered is whether, post-Brexit, the UK authorities should continue to follow EU competition law in this sphere, which has in significant respects been influenced by internal market considerations, or whether it should take a different course.

Crystal ball gazing: where next for UK competition law and policy post-Brexit?

2021 ◽  
Vol 20 (2) ◽  
pp. 78-88
Author(s):  
Noel Beale ◽  
Paschalis Lois
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Cooperation Agreement ◽  
Law And Policy ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Uk ◽  
Potential Interactions ◽  
The Relationship ◽  
The Eu

The Trade and Cooperation Agreement broadly sets out the nature of the relationship contemplated between UK and EU competition law and policy following Brexit. The question is whether the UK will capitalize on its newfound discretion to deviate its competition policy from the EU in the future. This article considers some of the potential new directions that might be taken within the UK's competition law landscape, specifically in relation to merger control, antitrust and subsidy control. It explores some of the problems and opportunities created in the wake of Brexit, as well as the legal and practical ramifications of future divergences between UK and EU competition policy. Furthermore, it considers how the Competition and Markets Authority may fare in enforcing new policy, as well as its potential interactions with regimes both within and outside the EU.

14. Competition law and policy

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Competition Law ◽  
Merger Control ◽  
Law And Policy ◽  
Eu Competition Law

This chapter begins with an outline of the aims of competition law. It then provides an overview of Articles 101 and 102 of the TFEU. This is followed by discussions of the application and enforcement of EU competition law, and merger control.

scholarly journals Effective Competition and EU Competition Law

2005 ◽  
Vol 1 (1) ◽  
Author(s):  
Tuna Baskoy
Keyword(s):  
Competition Law ◽  
The Political ◽  
Effective Competition ◽  
Distribution Of Wealth ◽  
Law And Policy ◽  
Economic Rationale ◽  
Policy Goals ◽  
Eu Competition Law ◽  
Depth Study ◽  
Competition Rules

The notion of workable or effective competition is at the centre of EU competition law and policy, as it strives to achieve and maintain it. Some scholars do not mention it at all. Those who refer to it either do not explain it in any way or explicate it very shortly. In fact, the concept is too important to be ignored totally or elucidated briefly. The objective of this article is to provide a comprehensive analysis of the concept by focusing on the theory of workable or effective competition. It is argued that effective competition is the key for an in-depth study of the political economy (i.e. real policy goals, economic rationale behind individual competition rules, institutional requirements, and implications for distribution of wealth) of EU competition law and policy.

scholarly journals Consequences of Brexit on the competition law and policy of the United Kingdom and the European Union

2021 ◽  
Vol 60 (91) ◽  
pp. 191-210
Author(s):  
Aleksandar Mojašević ◽  
Stefan Stefanović
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Competition Law ◽  
The European Union ◽  
The United Kingdom ◽  
Law And Policy ◽  
Eu Competition Law ◽  
The Uk ◽  
The Eu ◽  
Cartel Policy

The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.

Effective Competition and EU Competition Law

2005 ◽  
Author(s):  
Tuna Baskoy
Keyword(s):  
Competition Law ◽  
The Political ◽  
Effective Competition ◽  
Distribution Of Wealth ◽  
Law And Policy ◽  
Economic Rationale ◽  
Policy Goals ◽  
Eu Competition Law ◽  
Depth Study ◽  
Competition Rules

The notion of workable or effective competition is at the centre of EU competition law and policy, as it strives to achieve and maintain it. Some scholars do not mention it at all. Those who refer to it either do not explain it in any way or explicate it very shortly. In fact, the concept is too important to be ignored totally or elucidated briefly. The objective of this article is to provide a comprehensive analysis of the concept by focusing on the theory of workable or effective competition. It is argued that effective competition is the key for an in-depth study of the political economy (i.e. real policy goals, economic rationale behind individual competition rules, institutional requirements, and implications for distribution of wealth) of EU competition law and policy.   Full text available at:https://doi.org/10.22215/rera.v1i1.161

14. Competition law and policy

2021 ◽  
pp. 480-541
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Competition Law ◽  
The European Union ◽  
Economic Theories ◽  
Law And Policy ◽  
Eu Competition Law ◽  
Concerted Practice ◽  
General Economic Interest ◽  
The Relationship ◽  
Control State

This chapter examines the law and policy on competition in the European Union. It discusses the economic theories underpinning competition protection and the way economic theory is applied in legal and policy decisions. The chapter analyses the scope and effect of Articles 101 and 102 TFEU and the relationship between the two provisions. Concerted practice, dominant position and abuse are defined, and the exceptions to the rules in Article 101 are outlined. This is followed by discussions of the application and enforcement of EU competition law and merger control. State aid and services in the general economic interest are also considered. The role of the consumer and consumer protection are considered throughout.

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