4. Article 101(3)

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Union ◽  
Final Section ◽  
The European Union ◽  
Standard Of Proof

This chapter examines Article 101(3) of the Treaty on the Functioning of the European Union (TFEU). Article 101(3) provides a ‘legal exception’ to the prohibition in Article 101(1) by providing that it may be declared inapplicable in respect of agreements, decisions or concerted practices, or of categories of agreements, decisions or concerted practices, that satisfy four conditions. After discussing the burden and standard of proof under Article 101(3) and the application of that provision to agreements, including restrictions of competition by object, this chapter discusses the four conditions in Article 101(3). It then considers the implications of Regulation 1/2003 for undertakings and their professional advisers, and in particular their need to ‘self-assess’ the application of Article 101(3) to agreements. The final section of this chapter describes the system of so-called ‘block exemptions’.

The European Union and Global Governance

2017 ◽  
Author(s):  
Thomas Christiansen
Keyword(s):  
European Union ◽  
Global Governance ◽  
Final Section ◽  
The European Union ◽  
Test Bed ◽  
Way Of Life ◽  
New Ideas ◽  
The Impact ◽  
Global Powers

This chapter discusses whether the European Union has a distinctive take on, and may make a particular contribution to, global governance, as well as the reverse image of the impact that global governance has in the development of integration in Europe. This includes a focus on collective norms and interests as expressed through common institutions, policies, and activities. In doing so, the chapter compares and contrasts the evolution of a supranational order in Europe with the growth of global regimes and the emergence of a multipolar world, and explores the nature of the EU’s relationships with other global powers and regions. In a final section, the chapter asks whether the EU’s relationship with global developments is best seen as a test-bed for new ideas, procedures, and concepts; a construction for the defence of a privileged way of life; or an archaic remnant of a different era.

The Impact of the Court of Justice of the European Union on the Russian Legal System

2020 ◽  
pp. 143-172
Author(s):  
Paul Kalinichenko
Keyword(s):  
European Union ◽  
Legal System ◽  
Final Section ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
Russian Model

This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Russian legal system. To start with, this chapter includes a brief description of the background to the modern Russian legal system and, in particular, the structure of the Russian judiciary. The contribution goes on to describe the Russian model for approximating its legal order with EU rules and standards, as well as adding some remarks on the application of EU law by the Russian courts. Then follows an explanation of the specifics of the database used, together with a description and analysis of citation of CJEU decisions by Russian courts in the period 2006–18. Conclusions and recommendations are presented in the final section of the chapter.

scholarly journals Ocena poziomu wydatków publicznych na funkcjonowanie systemu cyberbezpieczeństwa w Polsce na tle Unii Europejskiej

Studia BAS ◽  
2020 ◽  
Vol 3 (63) ◽  
pp. 127-153
Author(s):  
Marcin Kiestrzyn
Keyword(s):  
European Union ◽  
Final Section ◽  
Public Spending ◽  
Technological Advancement ◽  
Legal Regulations ◽  
The European Union ◽  
State Budget ◽  
Digital Space ◽  
Use Of Technology ◽  
The Eu

The main purpose of the article is to present and assess the changes in the directions of expenditure on cybersecurity in Poland from the state budget and their impact on the assessment of technological advancement in comparison with the EU. The formal and legal regulations that came into force over the last years in the EU and in Poland in this area are reviewed as well. The first part of the article focuses on the evolution of definitions and regulations regarding cyberspace, cybercrime and cybersecurity. It also highlights the entities involved in the cybersecurity system and their role in preventing threats in cyberspace. Next, the author briefly examines main threats in the digital space of the European Union and Poland. The final section assesses directions of financing cybersecurity in Poland versus the EU. The author argues that as the use of technology increases, it will be necessary to increase public spending on cybersecurity in order to maintain the level of security.

What’s the abuse? A quest for the appropriate legal test in product design cases under Article 102 TFEU

2019 ◽  
Vol 26 (3) ◽  
pp. 421-440
Author(s):  
Florence Eicher
Keyword(s):  
European Union ◽  
The European Union ◽  
Product Integration ◽  
Technology Markets ◽  
Standard Of Proof ◽  
Clear Cut ◽  
Dominant Firms ◽  
Rules And Principles ◽  
European Union Commission ◽  
Union Competition

In recent years, vastly changing technology markets have posed challenges to the application of well-established rules and principles in European Union competition law. In particular, the integration of technical functionalities appears to have opened new possibilities for dominant firms to leverage market power. Aware of these developments but often oblivious to the apparent overlap, the European Union Commission and the Court of Justice of the European Union engaged in clear-cut analyses under one or the other well-established theory of harm. In particular, the dividing line between the two standalone concepts on refusals to deal and tying practices appears to have been either repositioned or misapplied in the Microsoft Saga, which marks the peak of this development. In classifying the respective conduct as abusive tying practices in the Microsoft Saga, it is questionable whether the Commission was granted a shortcut by the Court itself, passing (unsuccessful) refusal to deal cases disguised as (successful) tying cases. Considering the significantly lower standard of proof applicable to tying practices as opposed to refusals to deal, stakeholders can be expected to exploit the vague boundaries. With this concern in mind, this essay aims to identify the boundaries between refusal to supply and tying cases, where product integration risks resulting in anti-competitive foreclosure on technology markets. On a more fundamental level, this essay will question whether the peculiar features of technology markets justify a different treatment.

Socialisation and decision-making in the Council of the European Union

2016 ◽  
pp. 122-140
Author(s):  
Kamil Ławniczak
Keyword(s):  
Decision Making ◽  
European Union ◽  
Final Section ◽  
Process Tracing ◽  
Constructivist Approach ◽  
The European Union ◽  
The Third ◽  
Constructivist Perspective ◽  
Causal Framework ◽  
Oriented Approach

The complex system of decision-making in the Council of the European Union has many specific features which require explanation. This article presents a constructivist approach to this problem and focuses on the influence of socialisation. First, it explains why inquiry into the decision-making in the Council from the constructivist perspective is justified and then proposes the use of process-tracing, a method that allows to trace causal mechanisms linking the effects of socialisation and the characteristics of decision-making in the Council. Second, a typology of socialisation mechanisms and effects is presented. The third section is an attempt to use the inductive variety of process-tracing in order to explain certain qualities of decision-making in the Council. The final section outlines the theory-oriented approach to process-tracing, which could follow from the presented conceptualisation and explains the need to include the constitutive aspects of socialisation within the causal framework of process-tracing research.

Support of university spin-off companies

2000 ◽  
Vol 1 (1) ◽  
pp. 13-21 ◽  
Author(s):  
Peter Van Der Sijde ◽  
Jaap Van Tilburg
Keyword(s):  
European Union ◽  
Final Section ◽  
Systematic Approach ◽  
Business Development ◽  
The European Union ◽  
Member States ◽  
Start Up ◽  
The University ◽  
The Eu

In this paper the process of the business development of spin-off companies from universities is described. The authors discuss each phase of development (awareness, feasibility, start-up, growth and maturity) and provide examples of each phase. They describe in particular the example of the University of Twente and its spin-off programme, TOP (Temporary Entrepreneurial Positions). Secondly, they focus on university spin-off programmes: what are the arguments against and in favour of such initiatives? The arguments that led the University of Twente to favour investment in spin-off programmes are discussed. The final section of the paper concerns the EU-supported UNISPIN project, a systematic approach to university spin-off development throughout all member states of the European Union.

The democratic deficit in the European Union (EU)

2019 ◽  
Vol 6 (2) ◽  
pp. 139-155
Author(s):  
Abdullah Kadir Faqe Ibrahim
Keyword(s):  
European Union ◽  
Final Section ◽  
Democratic Deficit ◽  
Main Question ◽  
The European Union ◽  
Regulatory State ◽  
Redistributive Policies ◽  
The Eu

ABSTRACT: Changing the nature of the EU through treaties from economic to political has raised many questions concerning the democratic deficit. The main question is whether there is a democratic deficit in the EU? if so, how could it be reduced? This article addresses the theories of some notable EU Scholars regarding the democratic deficit and analyses their solutions for the issue. The first section examines the concept of democratic deficit in the light of the arguments of Hix, Majone, and Moravcsik. According to Hix, the EU suffers from a lack of accountability, weak parliament, and indirect legitimacy. In contrast, Majone and Moravcsik believe that the EU does not need to be legitimized in a similar way of democratic states because it is considered as a regulatory state. The second section studies the democratic deficit between the redistributive policies where there are winners and losers similar to majoritarian, and regulative policies where there are no losers even if all are not winners. The final section explores the solutions provided by the abovementioned scholars with highlighting the view of Hix. Accordingly, the scholars unanimously agree on the existence of democratic deficits to some extent as the EU acts like both intergovernmental and supranational organisation concurrently.

4. Article 101(3)

2021 ◽  
pp. 155-179
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Union ◽  
Final Section ◽  
The European Union

This chapter examines Article 101(3) of the Treaty of Functioning of the European Union (TFEU). Article 101(3) provides a ‘legal exception’ to the prohibition in Article 101(1) by providing that it may be declared inapplicable in respect of agreements, decisions or concerted practices, or of categories of agreements, decisions or concerted practices, that satisfy four conditions. After making some preliminary comments on the application of Article 101(3), this chapter discusses the four conditions in Article 101(3). It then considers the implications of Regulation 1/2003 for undertakings and their professional advisers, and in particular their need to ‘self-assess’ the application of Article 101(3) to agreements. The final section of this chapter describes the system of so-called ‘block exemptions’.

Support of University Spin-off Companies

2000 ◽  
Vol 1 (1) ◽  
pp. 13-21 ◽  
Author(s):  
Peter van der Sijde ◽  
Jaap van Tilburg
Keyword(s):  
European Union ◽  
Final Section ◽  
Systematic Approach ◽  
Business Development ◽  
The European Union ◽  
Member States ◽  
Start Up ◽  
The University ◽  
The Eu

In this paper the process of the business development of spin-off companies from universities is described. The authors discuss each phase of development (awareness, feasibility, start-up, growth and maturity) and provide examples of each phase. They describe in particular the example of the University of Twente and its spin-off programme, TOP (Temporary Entrepreneurial Positions). Secondly, they focus on university spin-off programmes: what are the arguments against and in favour of such initiatives? The arguments that led the University of Twente to favour investment in spin-off programmes are discussed. The final section of the paper concerns the EU-supported UNISPIN project, a systematic approach to university spin-off development throughout all member states of the European Union.

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