2. Overview of EU and UK competition law

2021 ◽  
pp. 49-82
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Economic Area ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Competition Laws ◽  
The Relationship ◽  
The Eu

This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law in those jurisdictions. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.

2. Overview of EU and UK competition law

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Economic Area ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Competition Laws ◽  
The Relationship ◽  
The Eu

This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK 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

6. The obligations of Member States under the EU competition rules

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Member States ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Eu ◽  
Take All

This chapter examines the obligations of Member States in relation to EU competition law. Specifically, it considers the obligations that Article 4(3) TEU and Articles 37 and 106 TFEU place upon Member States. Article 4(3) requires all Member States to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaties, and to avoid any measure which could jeopardise the attainment of the EU’s objectives. Article 106 particularly obligates Member States to refrain from enacting or maintaining measures contrary to the rules provided in Article 18 and Articles 101 to 109 of the TFEU. Article 37 is concerned with the procurement of goods.

Joint Tendering in the European Economic Area

2020 ◽  
Vol 20 (1) ◽  
pp. 201-219
Author(s):  
Michal Petr
Keyword(s):  
Public Procurement ◽  
Competition Law ◽  
Case Law ◽  
European Economic Area ◽  
European Economic ◽  
Current State ◽  
Economic Area ◽  
Future Practice ◽  
The Eu ◽  
Do So

SummaryThe EU regulation of public procurement strives to create a set of rules that would enable the contracting authority to choose the best bid. In order to do so, it also tries to widen the circle of potential bidders by enabling their horizontal (consortia) as well as vertical (subcontracting) cooperation. Such cooperation may enable the participation of undertakings that would not be otherwise in position to bid on their own, thus increasing the number of bidders and promoting competition among them. At the same time, such arrangements may be contrary to competition law which prohibits coordination of competitors. Joint tendering is ubiquitous within the European Economic Area, and yet the case-law on its compliance with competition law is strikingly divergent. This article provides an overview of the current state of play and some suggestions for future practice.

6. The obligations of Member States under the EU competition rules

2021 ◽  
pp. 224-257
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Member States ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Eu ◽  
Take All

This chapter examines the obligations of Member States in relation to EU competition law. Specifically, it considers the obligations that Article 4(3) TEU and Articles 37 and 106 TFEU place upon Member States. Article 4(3) requires all Member States to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaties, and to avoid any measure which could jeopardise the attainment of the EUs objectives. Article 106 particularly obligates Member States to refrain from enacting or maintaining measures, contrary to the rules provided in Article 18 and Articles 101 to 109 of the TFEU. Article 37 is concerned with state monopolies of a commercial character.

The Relationship Between ISO 9000 and PED Quality Modules

2003 ◽  
Author(s):  
Michael D. Norman
Keyword(s):  
Iso 9000 ◽  
European Parliament ◽  
Transition Phase ◽  
European Council ◽  
Conformity Assessment ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Economic Area ◽  
The Relationship

The Pressure Equipment Directive (97/23/EC) [PED] was adopted by the European Parliament and the European Council in May 1997. Following a two-and-a-half year transition phase, the PED became mandatory on May 29, 2002. Its purpose is to harmonize national laws of Member States regarding the design, manufacture, testing and conformity assessment of pressure equipment and their assemblies, and thus ensure the free placing on the market and putting into service of pressure equipment within the European Economic Area.

scholarly journals The Future of EFTA from a Swiss point of View

2016 ◽  
Author(s):  
Aline Müller
Keyword(s):  
Financial Crisis ◽  
Considerable Extent ◽  
Point Of View ◽  
Special Focus ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Economic Area ◽  
The Future ◽  
The Eu

This thesis first examines the situation of the EFTA after the financial crisis of 2007/2008, including Iceland’s position within Europe. In the following, several possible scenarios for EFTA are being defined and analysed with respect to their likelihood of being implemented. A special focus is set on Switzerland’s position within EFTA and also within Europe, and scenarios are analysed for Switzerland’s future irrespective of EFTA.In order to be able to fully assess EFTA’s future, this paper also touches upon the future of the European Economic Area (EEA). EFTA and the EEA are inevitably linked, as all members of the EEA, apart from the EU, are also EFTA member states. Therefore it follows that EFTA’s future will directly affect the EFTA/EEA institutions, equally EEA’s future as a result also influences EFTA’s future. Furthermore it is essential to additionally contemplate the view of the EU towards the developments within EFTA and the EEA, as the EU is the crucial counterparty in the EEA agreement, able to influence the EEA’s, as well as EFTA’s future to a considerable extent.

scholarly journals A Note on 2015 Developments in Polish Competition Law: Is it Really a Drive Towards the European Model?

2016 ◽  
Vol 9 (14) ◽  
Author(s):  
Anna Piszcz
Keyword(s):  
Competition Law ◽  
Considerable Part ◽  
Member States ◽  
European Model ◽  
Eu Competition Law ◽  
Recent Developments ◽  
Conscious Intention ◽  
Further Development ◽  
The Eu

Modern Polish competition law has become highly regulated and codified over the twenty five years of its existence and this article will provide readers with information relating to its recent developments of 2015. Separate subsections present a review of provisions on remedies in infringement decisions as well as settlements. A considerable part of this paper is designed to outline the peculiarities that characterize Poland’s new provisions on fines. Further on, the paper introduces readers to newest trends in the area of concentration control between undertakings. In addition, an assessment of recent developments and suggestions for a further development of Polish competition law are reviewed in the EU context. The conscious intention of the author is to analyse whether the EU competition law pattern, often regarded as a model for Member States, has been used to develop Polish competition law. Has the latter been amended to look more, or less like EU competition law? Has Polish competition law shown the capacity to absorb the best elements of EU competition law into itself? How is the outcome aligned with the declared direction of these amendments?

scholarly journals Risk of hospitalization and risk of death for healthcare workers with COVID-19 in nine European Union/European Economic Area countries, January 2020–January 2021

2021 ◽  
Author(s):  
Lisa Ferland ◽  
Joana Gomes Dias ◽  
Carlos Carvalho ◽  
Cornelia Adlhoch ◽  
Carl Suetens ◽  
...  
Keyword(s):  
European Union ◽  
Healthcare Workers ◽  
European Economic Area ◽  
European Economic ◽  
Adjusted Risk ◽  
Risk Of Death ◽  
Economic Area ◽  
The Impact ◽  
The Eu

AbstractWe assessed the impact of COVID-19 on healthcare workers (HCWs) from data on 2.9 million cases reported from nine countries in the EU/EEA. Compared to non-HCWs, HCWs had a higher adjusted risk of hospitalization (IRR 3.0 [95% CI 2.2-4.0]), but not death (IRR 0.9, 95% CI 0.4-2.0).Article Summary LineHealthcare workers are hospitalized more frequently than non-healthcare workers when adjusting for age, sex, and comorbidities.

European Union Public Procurement Remedies Regimes

2012 ◽  
pp. 162-184
Author(s):  
Kai Krüger
Keyword(s):  
European Union ◽  
Public Procurement ◽  
European Economic Area ◽  
European Economic ◽  
Eu Member States ◽  
Eu Directive ◽  
Court Of Justice ◽  
Economic Area ◽  
Set Up ◽  
The Eu

The chapter explores the Nordic statutory EU-based remedy regimes. Due to the European Economic Area (EEA) agreement, the EU commitments do not vary between EU member states, Denmark, Finland, and Sweden and (non-members) Norway and Iceland. The legislation on procurement remedies is assumed to be EU/EEA compliant. There are however material differences in the set up for handling disputes and complaints—also subsequent to the 2010-2012 Nordic adaptation of EU Directive 2007/66/EC on enhanced procurement remedies. The pending issue is whether the EU “sufficiently serious breach” principle on treaty infringements applies on liability for procurement flaws. Loss of contract damage has been awarded in all Nordic countries, whereas cases on negative interest (costs in preparing futile tender bids) seem more favorable to plaintiffs. Per mid-2012, there are no Nordic rulings on the effect of the recent somewhat ambiguous EU Court of Justice Strabag and Spijkers 2010 rulings.

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