10. An Introduction to EU Competition Policy and Law

2019 ◽  
pp. 352-392
Author(s):  
Nigel Foster
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
State Aid ◽  
Merger Control ◽  
Dominant Position ◽  
Eu Merger Control ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Article 102 Tfeu

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Articles 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law; state aid; and EU merger control.

10. An Introduction to EU Competition Policy and Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
State Aid ◽  
Merger Control ◽  
Dominant Position ◽  
Eu Merger Control ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Article 102 Tfeu

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

10. An Introduction to EU Competition Policy and Law

2021 ◽  
pp. 353-394
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Competition Policy ◽  
Competition Law ◽  
Capitalist System ◽  
Policy Objective ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Broad Policy

The idea of competition lies at the heart of the capitalist system and at the heart of European Union (EU) economic law. The broad policy objective remains to maintain and encourage competition for the benefit of the EU and its citizens. This chapter discusses EU competition law and covers the basic outline of EU competition policy; Art 101 TFEU; Art 101(2) TFEU and the consequence of a breach; Art 101(3) TFEU exemptions; Art 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

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. The elements of Article 102 TFEU

2019 ◽  
pp. 309-343
Author(s):  
Sandra Marco Colino
Keyword(s):  
Competition Law ◽  
Internal Market ◽  
Substantial Part ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Article 102 Tfeu

This chapter discusses Article 102 TFEU, which applies to abusive conduct engaged in by undertakings in a dominant position. The dominant position must be held in a ‘substantial part’ of the internal market for EU competition law to apply. Abuses can take many forms, and include conduct designed to preserve or expand the power of the undertaking (‘exclusionary abuses’) and conduct aiming to exploit the power of the undertaking (‘exploitative abuses’). No exemptions are available, but the alleged abusive conduct may be defended on the grounds that it is ‘objectively justifiable’ or if there are efficiency justifications. A breach of Article 102 TFEU may incur penalties, damages, and a requirement of conduct modification.

28. Competition Law: Article 102

EU Law ◽  
2020 ◽  
pp. 1126-1162
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Market Power ◽  
Competition Policy ◽  
Competition Law ◽  
Legal Regulation ◽  
The Core ◽  
Eu Competition Law ◽  
Per Se ◽  
The Uk ◽  
Article 102 Tfeu ◽  
Number Of Firms

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter focuses on another principal provision concerned with competition policy: Article 102 TFEU. The essence of Article 102 is the control of market power, whether by a single firm or, subject to certain conditions, a number of firms. Monopoly power can lead to higher prices and lower output than would prevail under more normal competitive conditions, and this is the core rationale for legal regulation in this area. Article 102 does not, however, prohibit market power per se. It proscribes the abuse of market power. Firms are encouraged to compete, with the most efficient players being successful. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit. EU law

17. Competition law

2020 ◽  
pp. 544-582
Author(s):  
Alison Jones ◽  
Christopher Townley
Keyword(s):  
Competition Law ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Core Competition ◽  
Position Article ◽  
Article 102 Tfeu

This chapter examines the two core competition rules that govern anti-competitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law. It then discusses the enforcement and consequences of infringement; who Articles 101 and 102 TFEU apply to and when they apply. It also identifies anti-competitive agreements and conduct.

13. An introduction to EU competition policy and law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Competition Policy ◽  
Competition Law ◽  
Merger Policy ◽  
The European Union ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Eu

This chapter provides an introduction to Competition Policy and law in the European Union (EU). It covers the principal rules of EU competition law, namely Articles 101 and 102 TFEU and also considers the enforcement of the competition law regime and merger policy and regulation in the EU.

8. EU competition law: Article 102 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
Dominant Position ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Abusive Behaviour ◽  
Article 102 Tfeu

This chapter focuses on Article 102 of the Treaty on the Functioning of the European Union (TFEU). Article 102 prohibits, as incompatible with the internal market, any abuse by undertakings in a dominant position within the internal market in so far as it may affect trade between Member States. It should be noted at the outset that ‘dominance’ itself is not prohibited, but only when such dominance is accompanied with abusive behaviour that may affect trade. Like Article 101, Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.

27. Competition Law: Article 101

EU Law ◽  
2020 ◽  
pp. 1072-1125
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Economic Analysis ◽  
Competition Law ◽  
Detailed Examination ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Concerted Practice ◽  
Key Features ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

27. Competition Law: Article 101

EU Law ◽  
2020 ◽  
pp. 1034-1086
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Economic Analysis ◽  
Competition Law ◽  
Detailed Examination ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Concerted Practice ◽  
Key Features ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

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