Part II Legal Foundations, 4 The Objective of Article 102

2011 ◽  
Author(s):  
Nazzini Renato
Keyword(s):  
Productivity Growth ◽  
Case Law ◽  
Internal Market ◽  
Literal Interpretation ◽  
Competition Rules ◽  
Legal Foundations ◽  
Teleological Interpretation ◽  
Economic Objective ◽  
The Eu

This chapter identifies the objective of Article 102 through a process of literal and teleological interpretation. The literal interpretation of Article 102 sheds little light on its objective. The only element that points to the purpose of the prohibition is the requirement that abuses of a dominant position are prohibited as ‘incompatible with the internal market’. Therefore, the purpose of Article 102 must be determined in the light of the objectives of the internal market. A literal interpretation of Article 3(3) reveals that the economic objective of the internal market is to maximize long-term social welfare through productivity growth. Therefore, this is also the objective of the EU competition rules and Article 102 in particular. The chapter then looks at the case law on Articles 101 and 102 and the EU Merger regime.

Conclusion

2020 ◽  
pp. 197-202
Author(s):  
Jan Zglinski
Keyword(s):  
Member State ◽  
Dynamic Process ◽  
Case Law ◽  
Internal Market ◽  
Free Movement ◽  
State Autonomy ◽  
The Eu

This chapter summarizes the findings of the book and concludes. It explains the implications of deference for free movement law, the internal market, and Member State autonomy as well as for our understanding of judicial behaviour in the EU. The Court of Justice’s growing restraint in parts of its case law will set free capacities for greater activity in others, which may lead to a change of priorities within free movement law but also prompt a shift in attention towards other fields. Although the book identifies long-term developments in free movement adjudication, it, ultimately, remains a snapshot: the internal market is a dynamic process which will continue to evolve.

Does not it matter? Widening of the derogation for Services of General Interests

2020 ◽  
Vol 27 (1) ◽  
pp. 55-74
Author(s):  
Ildikó Bartha ◽  
Tamás M. Horváth
Keyword(s):  
Quantitative Methods ◽  
Analytical Study ◽  
Free Market ◽  
Case Law ◽  
Internal Market ◽  
The European Union ◽  
Qualitative And Quantitative ◽  
Qualitative And Quantitative Methods ◽  
Competition Rules ◽  
The Eu

The scope of derogation possibilities for Services of General Interests in the EU internal market has been widened by legislators for more than fifteen years. The process is also supported by the case law of the Court of Justice of the European Union. State aid and other influential instruments are allowed to derogate from internal market and competition rules while their roles are heavily discussed in the circumstances of free market economy. Are these solutions leading to new regimes in European integration? This study aims at reconstructing the sense of this process in its details. This analytical study is based on comparative legal investigations applying qualitative and quantitative methods.

3. Union Competences

2020 ◽  
pp. 61-82
Author(s):  
Robert Schütze
Keyword(s):  
Internal Market ◽  
Member States ◽  
Second Development ◽  
The Third ◽  
The Past ◽  
Teleological Interpretation ◽  
External Powers ◽  
The Eu

This chapter explores the scope and nature of the European Union's legislative competences. Based on the principle of conferral, the EU must act within the scope of competences conferred upon it by the Member States. Three legal developments have significantly undermined the principle of conferral in the past. First, there has been a rise of teleological interpretation. The EU's competences are here interpreted in such a way that they potentially ‘spill over’ into other policy areas. The second development is the rise of the EU's general competences. The EU enjoys two very general legislative competences that horizontally cut across the various policy titles within the EU Treaties: Articles 114 and 352 TFEU, which concern internal market competence and residual competence, respectively. The third development is the doctrine of implied external powers. The chapter then studies the different categories of EU competences: exclusive, shared, coordinating, and complementary.

scholarly journals CORONAVIRUS CRISIS AND EU ANTITRUST – JUST TEMPORARY ADAPTATIONS OR LONG-TERM CHANGES?

2020 ◽  
Author(s):  
Václav Šmejkal ◽  
Keyword(s):  
Dominant Role ◽  
Management Communication ◽  
Medical Products ◽  
Eu Member States ◽  
Online Platforms ◽  
Long Term Changes ◽  
Competition Rules ◽  
The Eu

The European Commission and the competition authorities of the EU member states responded to the coronavirus crisis with assurances about sufficient flexibility of their instruments. They enabled temporary cooperation between competitors to ensure the supply of essential medical products and services. At the same time, they warned against any misuse of the crisis for overpricing or other monopolistic practices. However, the crisis has also intensified long-term pressures for a fundamental adaptation of European competition rules. The first challenge is represented by Chinese state-backed enterprises as potential acquirers of weakened European competitors. The second source of pressure is the increasingly dominant role of global online platforms. Their role as an irreplaceable infrastructure for management, communication, counselling and distance learning was reinforced in the coronavirus crisis. The Commission and other experts are already discussing appropriate responses. This paper maps the discussion on possible EU responses to these challenges, and tries to show the strengths and weaknesses of the proposed solutions and on this basis to estimate the future development of EU antitrust in the post-coronavirus period.

scholarly journals What Has Changed in European Concept of Undertaking? From „FENIN“ to „EASY PAY“

2021 ◽  
Vol 1 ◽  
pp. 81-88
Author(s):  
Katarína Kalesná
Keyword(s):  
Economic Activity ◽  
Competition Law ◽  
Case Law ◽  
Internal Market ◽  
Correct Interpretation ◽  
General Internal ◽  
Key Concepts ◽  
Regulatory Principle ◽  
Competition Rules ◽  
The Impact

Competition is the main self-regulatory principle of the market in general, internal market included. Competition law has the form of general clauses making its application dependant on the correct interpretation of general concepts. Core competition rules of the Functional Treaty („TFEU“) are addressed to undertakings; undertaking thus belongs to key concepts of competition law. Interpretation of this concept is decisive for the scope of competition rules application. So, the article explores different approaches of the case law to the interpretation of the concept of undertaking based on economic activity.  It compares the FENIN doctrine and the new functional test of separability developed in EASY PAY. It drives attention to the impact of this new test for the evaluation of procurement activities under competition scrutiny.

3 The Regulatory and Institutional Framework of EU Cartel Law

2020 ◽  
Author(s):  
Argenton Cédric ◽  
Geradin Damien ◽  
Stephan Andreas
Keyword(s):  
European Union ◽  
Consumer Welfare ◽  
Case Law ◽  
Internal Market ◽  
Regulatory Framework ◽  
Institutional Framework ◽  
The European Union ◽  
Legal Basis ◽  
Member States ◽  
The Eu

This chapter deals with the institutional and regulatory framework that applies to cartels in the European Union (EU), going over both the substantive and procedural rules. The key legal basis for the prosecution of cartels resides under Article 101(1) of the Treaty on the Functioning of the European Union (TFEU), as interpreted by the case law of the EU courts. Article 101 TFEU is a three-pronged provision. First, the chapter shows how Article 101(1) TFEU establishes a prohibition rule providing that any agreement between undertakings which may affect trade between Member States and which restricts competition is to be deemed incompatible with the internal market. Next, the chapter takes a look at how Article 101(2) TFEU declares that agreements deemed incompatible pursuant to Article 101(1) TFEU are null and void. The ways in which Article 101(3) TFEU embodies an exception to the default prohibition rule, which defuses the application of Article 101(1) for agreements that bring a positive net contribution to consumer welfare, is also discussed.

The Europeanization of Corporate Law

2019 ◽  
pp. 85-154
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Schillig
Keyword(s):  
Case Law ◽  
Internal Market ◽  
Corporate Law ◽  
Company Law ◽  
Eu Law ◽  
Freedom Of Establishment ◽  
The Future ◽  
Corporate Mobility ◽  
Law Making ◽  
The Eu

This chapter begins with an overview of the nature and effects of EU law and the EU law-making process, with particular focus on the internal market. This is followed by an analysis of the acquis unionaire—the EU law with company law relevance at both Treaty level and the level of secondary legislation (regulations and directives). It emphasizes the trajectory of EU company law and its development in distinguishable ‘waves’. It then turns to the issue of corporate mobility within the Union, on the basis of the Court’s case law on freedom of establishment, as well as the emerging EU law infrastructure for corporate mobility transactions. The chapter concludes with some speculation about the future of EU company law in the light of Brexit.

Disagreement—Commonality—Autonomy: EU Fundamental Rights in the Internal Market

2013 ◽  
Vol 15 ◽  
pp. 1-26 ◽  
Author(s):  
Daniel Augenstein
Keyword(s):  
Economic Integration ◽  
Case Law ◽  
Internal Market ◽  
Legal Order ◽  
Fundamental Rights ◽  
Legal Space ◽  
Weak Claim ◽  
The Relationship ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract The contribution explores the implications of disagreements about rights in the ‘multi-layered’ European polity for the autonomy of EU fundamental rights law. It argues that insomuch as the EU’s weak claim to supra-national political authority is corroborated by a strong case for economic integration, the internal market operates not simply as a constraining factor in the effective realisation of fundamental rights, but provides the very foundation of their autonomous interpretation in the EU legal order. Sections II and III elaborate upon the relationship between conflicts of authority in the European legal space and the autonomous interpretation of EU fundamental rights law under conditions of political disagreement. Section IV links the argument to the often-alleged instrumentalisation of EU fundamental rights in the service of the market. Sections V and VI substantiate the guiding contention of the contribution—that the autonomy of EU fundamental rights law is rooted in the unity of the market—with an analysis of pertinent case law. The concluding section suggests that the transformation of the EU into a ‘genuine’ human rights polity must proceed through a politicisation of the market by virtue of fundamental rights law.

scholarly journals Influence of farm milk prices in the EU 25 on profitability and production volume indicator

2008 ◽  
Vol 53 (No. 12) ◽  
pp. 545-557
Author(s):  
F. Střeleček ◽  
R. Zdeněk ◽  
J. Lososová
Keyword(s):  
Milk Yield ◽  
Productivity Growth ◽  
Labour Productivity ◽  
Production Volume ◽  
Labour Productivity Growth ◽  
Main Determinants ◽  
The Individual ◽  
Productivity Dynamics ◽  
The Eu

The paper analyses the development of milk prices and effectiveness and economy of holdings included in the particular production category of “411 Milk” and their relations. The influence of prices on profitability, elasticity of production, labour productivity dynamics, effectiveness of long-term assets and resulting cost changes are discussed in particular. Milk profitability was not significantly influenced by different prices in the individual states. The variation of prices in time was more important. The production is supposed to grow with delay. Milk yield (per cow and year) and number of cows per worker are the main determinants of labour productivity growth in the in-kind expression. The influence of prices on labour productivity in monetary expression among individual states is not as important as was supposed.

scholarly journals Public Entities as Undertakings under Competition Rules

2010 ◽  
Vol 8 (3) ◽  
pp. 227-243
Author(s):  
Martina Repas
Keyword(s):  
Economic Activity ◽  
Competition Law ◽  
Case Law ◽  
Local Communities ◽  
Public Authority ◽  
Economic Entity ◽  
Criminal Offenses ◽  
Competition Rules ◽  
The Eu ◽  
Public Bodies

This paper deals with undertakings, i.e., entities that are obliged to act in accordance with competition rules. This issue is one of the key elements for the application of competition rules. Its importance derives from severe consequences in case of breach of these rules that may give rise to fines, nullity of agreements, and in some regulations, even to criminal offenses. For this purpose, the paper explains the notion of ‘undertaking’ as understood in the EU and Slovenian competition law systems. It deals especially with public bodies such as states, local communities, public institutes, and others that can also qualify as undertakings when they perform activities for pay in the market, and are thus obliged to follow competition rules. A review of the case law shows that many public entities have been under the Competition Authority’s investigation of infringements of competition rules. KEYWORDS: • competition law • public authority • undertaking • economic activity • association of undertakings • single economic entity • EU • Slovenia

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