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.

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.

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

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.

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.

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?

23. Particular sectors

2021 ◽  
pp. 1019-1055
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Transport Sector ◽  
Current Debate ◽  
Electronic Communications ◽  
Digital Platforms ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Eu

This chapter deals with four issues. First it will briefly examine three sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime that once existed for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is also mentioned in passing. Secondly, it will explain the application of the EU competition rules apply to the transport sector. Thirdly, the chapter will consider the specific circumstances of four so-called ‘regulated industries’, electronic communications, post, energy and water, where a combination of legislation, regulation and competition law seek to promote competition. Last, but by no means least, the current debate concerning digital platforms is discussed where it is likely that ex ante regulatory rules will be introduced, both in the EU and the UK, to address concerns about anti-competitive conduct and a tendency towards the monopolisation of markets.

Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law

2017 ◽  
Author(s):  
Katalin J Cseres
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Competition Law ◽  
Public Enforcement ◽  
Competition Law Enforcement ◽  
Governance Model ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Consistent Application ◽  
The Eu

This chapter evaluates the functioning of the decentralized public enforcement of EU competition law. The analysis focuses on the effectiveness of the decentralized enforcement, which relies on Rule of Law principles. It has been argued that Rule of Law principles are a prerequisite for effective competition law enforcement. Aside from that, assessing the effectiveness of the decentralized enforcement framework also takes account of the problems of multilevel governance which have emerged as a result of the decentralization of enforcement powers and the creation of parallel competences for the Commission and national actors which made it essential to guarantee uniform and consistent application of the EU competition rules. Centrifugal pulls from the Member States towards their national legal systems and centripetal pushes from the Commission create uniformity and consistency in this multilevel system. Analysing these bottom-up and top-down approaches allows us to analyse decentralized enforcement as a specific governance model.

scholarly journals The Constitutional Limits of EU Competition Law—United in Diversity

2019 ◽  
Vol 64 (2) ◽  
pp. 235-283
Author(s):  
Chris Townley ◽  
Alexander H. Türk
Keyword(s):  
Competition Policy ◽  
Political Influence ◽  
The European Union ◽  
Member States ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules ◽  
Eu Competition Policy ◽  
Constitutional System ◽  
The Eu

The allocation of legislative and executive competences in multilevel governance structures affects who controls norms. Over the last two decades we see a general trend in EU law, towards “flexibility, mixity and differentiation.” Yet many think that EU competition policy and enforcement marches to a different tune. Competence is rarely discussed there and, when it is, most assume that uniformity is desirable. This article discusses the EU constitutional system as it relates to competition policy and enforcement. It investigates what choices the EU Treaties make about diversity. As with many constitutional arrangements, the EU Treaties sometimes leave space for others to decide. In these spaces we advocate answers, based on our understanding of the constitutional settlement between the EU and the Member States. This has major implications for, amongst others: the Commission’s power to relieve the Member States’ national competition authorities (NCAs) of their competence to apply Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU); the vires of EU merger control outside of the remit of Articles 101 and 102 TFEU; Commission efforts to make the NCAs more independent of political influence; and the resolution of conflicts between EU and national competition rules.

Market Competition

2019 ◽  
pp. 99-130
Author(s):  
Anu Bradford
Keyword(s):  
Market Competition ◽  
Competition Law ◽  
Critical Dimension ◽  
Single Market ◽  
Global Effect ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Regulatory Capacity ◽  
Key Aspects ◽  
The Eu

Chapter 4 discusses competition law, which offers one of the most prominent examples of the EU’s global regulatory hegemony. This chapter first introduces the key aspects of EU competition law. It then explains why the EU has chosen to build an extensive regulatory capacity in this area, illustrating how competition law forms a critical dimension of the EU’s broader, single market program. Following that, it offers examples of the de facto and de jure Brussels Effects pertaining to competition regulation. These examples illustrate that the de jure Brussels Effect has been extensive. At the same time, the occurrence of the de facto Brussels Effect often turns to the question of non-divisibility, at times enabling while at times limiting the global effect of EU competition rules.

Antitrust Damages in EU Law

2020 ◽  
Vol 37 (1) ◽  
pp. 139-151
Author(s):  
Albertina Albors-Llorens
Keyword(s):  
Competition Law ◽  
Private Enforcement ◽  
Eu Law ◽  
Public And Private ◽  
New Era ◽  
Legal Instrument ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Public And Private Enforcement ◽  
The Eu

The adoption of Directive 2014/104/EU on actions for damages for infringements of the competition rules has marked the beginning of a new era in the field of the private enforcement of the EU competition rules. The arduous legislative journey leading to the adoption of the Directive, the specific aspects pertaining to the exercise of damages actions covered by it and its attempt to establish an effective coordination between the systems of public and private enforcement have already received intense attention by antitrust scholars. However, this contribution will focus on the study of the Directive’s significance as a novel legal instrument in both the fields of EU competition law and EU law in general.

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