scholarly journals Competition Policy during the Economic Crisis – legal issues

Equilibrium ◽  
2010 ◽  
Vol 4 (1) ◽  
pp. 79-89
Author(s):  
Mateusz Błachucki ◽  
Rafał Stankiewicz
Keyword(s):  
Economic Crisis ◽  
Competition Policy ◽  
Public Policies ◽  
Competition Law ◽  
Case Law ◽  
State Aid ◽  
Legal Issues ◽  
Public Authorities ◽  
Made In

The paper addresses the issue of legal issues of competition policy during the economic crisis. During the economic crisis public authorities are forced to redefine the aims of public policies and harmonize them. The paper aims at identifying spheres, where competition policy is limited by other public policies. First, the problem of crisis cartels and their admissibility under competition law is discussed. It is followed by the presentation of the exemptions to the general prohibition of anticompetitive mergers. Last but not least, the temporary framework for state aid in the UE is presented. It has been argued that during the economic crisis public authorities use peculiar legal instruments of competition policy to address problems arising from the crisis. Whenever it is possible reference to the case law is made in order to present the application of presented problems in practice.

8. Competition, the State, and Public Undertakings: Article 106 TFEU

2019 ◽  
pp. 582-641
Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne
Keyword(s):  
Direct Effect ◽  
Competition Law ◽  
Case Law ◽  
State Aid ◽  
The State ◽  
Economic Interest ◽  
Inequality Of Opportunity ◽  
Dominant Position ◽  
Privileged Position ◽  
General Economic Interest

This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings which it controls or owns or which it places in a privileged position. The discussion includes the principle of Union loyalty in Article 4(3) TEU; Article 106(1); Article 106(2); and the Commission’s supervisory and policing powers in Article 106(3). Article 106(1) is a prohibition addressed to Member States against enacting or maintaining in force any measure in relation to public undertakings or undertakings to which they have granted special or exclusive rights which are contrary to the Treaty rules. The chapter discusses what is meant by ‘public undertakings’ and ‘special or exclusive rights’ and examines in the light of the case law what measures are forbidden by Article 106(1), including those involving the cumulation of rights, the extension of a dominant position from one market to another, and the creation of situations of inequality of opportunity. Article 106(2) gives a limited derogation from Article 106(2) to undertakings entrusted with the operation of services of general economic interest (SGEIs). The chapter discusses the concept of ‘services of general economic interest’ and examines the cases in which the derogation has been applied or not applied, including the application of Article 106(2) to compensation for the provision of SGEIs which constitutes State aid. The chapter also considers Article 106(3) and the question of the direct effect of Article 106(1) and (2).

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.

scholarly journals Werbeblocker im Internet

2021 ◽  
Author(s):  
Jonathan Jung
Keyword(s):  
Competition Law ◽  
Case Law ◽  
Copyright Law ◽  
Unfair Competition ◽  
Legal Issues ◽  
Decisive Factor ◽  
Current Case ◽  
Response Options ◽  
Unfair Competition Law

Ad blockers touch on numerous, as yet unresolved legal issues. While ad blockers have so far been judged primarily on the basis of unfair competition law, this work shows that the decisive factor is rather copyright law. This theme is developed with regard to the current case law jurisdiction of the ECJ. Furthermore, the concept of the ‚competitor‘ in unfair competition law is developed and placed on a new foundation with reference to the transactional decision. The thesis also comprehensively analyzes the legality of the possible alternative actions of the website operators and the response options of the ad blockers from the perspective of unfair competition law, copyright law and takes into account the GDPR.

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.

The role of ‘freedom’ in EU competition law

Legal Studies ◽  
2014 ◽  
Vol 34 (2) ◽  
pp. 183-213 ◽  
Author(s):  
Pınar Akman
Keyword(s):  
Quantitative Analysis ◽  
Competition Policy ◽  
Economic Freedom ◽  
Competition Law ◽  
Case Law ◽  
Eu Competition Law ◽  
Initial Reading ◽  
The Eu ◽  
Comprehensive Study

An initial reading of EU competition law jurisprudence and literature may suggest that there might be a competition-related freedom in the EU, expressed along the lines of ‘freedom of competition’ or ‘freedom to compete’. If competition is to be protected as a ‘freedom’ rather than merely as a ‘policy’, what this freedom involves should be established. It is important to establish the role of ‘freedom’, since it has been argued that EU competition law is a product of or has been significantly influenced by ‘ordoliberalism’. Under ordoliberalism, protecting the ‘economic freedom’ of market actors is the aim of competition policy. This paper examines the entire jurisprudence of the EU Courts to establish the role of ‘freedom’ in EU competition law as perceived by the EU Courts. This inquiry establishes whether ordoliberalism has so fundamentally influenced the jurisprudence that welfare-based objectives cannot be adopted as an/the objective of EU competition law. This is the first such comprehensive study regarding ‘freedom’ in EU competition law. The paper demonstrates that there is little quantitative or qualitative support for the ordoliberal argument when one considers the relevant jurisprudence. A quantitative analysis of the case-law and in particular the historical trend raises serious doubts concerning the validity of the conventional ordoliberal-influence thesis.

scholarly journals Better out than in: why barriers to exit matter for competition law and policy

2020 ◽  
Vol 19 (1) ◽  
pp. 42-46
Author(s):  
Matthew Johnson
Keyword(s):  
Market Efficiency ◽  
Competition Policy ◽  
Policy Research ◽  
Competition Law ◽  
State Aid ◽  
Competition Authority ◽  
Competitive Process ◽  
Economic Framework ◽  
Law And Policy ◽  
Different Types

The issue of barriers to exit has been neglected by competition authorities and by competition policy research. This is somewhat surprising as it is a topic which goes to the heart of why competition policy exists; if barriers to exit prevent or delay inefficient firms from leaving the market, then the normal competitive process of driving up market efficiency is hampered. This in turn reduces the benefits to other, more efficient firms, and to customers in terms of lower prices, better quality, etc. This article explores the reasons why, despite the importance of barriers to exit in the economic framework that underpins competition policy, very few competition authority decisions discuss the issue. It considers the approach to barriers to exit in different types of competition investigation, such as merger assessment, Article 101 and 102 TFEU cases, and State aid. The article also considers the scope for cross-disciplinary research and collaboration, such as in the design of insolvency or bankruptcy laws.

Competition Law

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Intellectual Property Rights ◽  
Competition Policy ◽  
Competition Law ◽  
Case Law ◽  
Private Enforcement ◽  
Periodical Literature ◽  
Collective Actions ◽  
Consumer Rights ◽  
Key Concepts ◽  
First Time

The book explains the purpose of competition policy, introduces the reader to key concepts and techniques in competition law and provides insights into the numerous different issues that arise when analysing market behaviour. Describing the law in its economics and market context, the chapters particularly consider the competition law implications of business phenomena, including distribution agreements, licences of intellectual property rights, cartels, joint ventures and mergers. The book assimilates a wide variety of resources, including judgments, decisions, guidelines and periodical literature. The text has been updated to include the changes to UK law introduced by the Consumer Rights Act 2015, including the reform of collective actions. It also considers the Directive on Antitrust Damages Actions and other measures designed to facilitate private enforcement of competition law. The book also discusses for the first time the application of competition law to price signalling, algorithmic collusion and other atypical cartel activities; it also incorporates extensive new case law and decisional practice at EU and UK level.

6. Competition Policy

2020 ◽  
pp. 130-151
Author(s):  
Mark Thatcher
Keyword(s):  
Economic Crisis ◽  
Competition Policy ◽  
Policy Making ◽  
National Policy ◽  
State Aid ◽  
Policy Makers ◽  
Dominant Position ◽  
Industrial Policies ◽  
European Court ◽  
National Governments

This chapter examines the European Union’s competition policy. It shows that the EU’s legal powers in general competition policy—over restrictive practices, abuse of a dominant position, mergers, state aid, and state monopolies—are very extensive and highly supranational with few direct controls for national governments. The chapter then studies two views of the application of these powers—that they have been used in a more ‘neo-liberal’ manner in recent decades or that they continue to provide scope for industrial policies of supporting European champion firms. It underlines that the Commission has been an active and central player in policy-making, together with the European Court. But all actors operate in a wider context of large powerful firms as well as experts and practitioners in competition policy. The chapter concludes by analysing how the economic crisis after 2008 has reignited debates about altering the criteria for policy to give more place to aims other than protecting competition, to offer more space to national policy-makers, and to provide greater scrutiny and accountability for the Commission, as well as greater action to deal with the new ‘digital tech giants’, but that these encounter significant obstacles.

scholarly journals УНАПРЕЂЕЊЕ ПОЛИТИКЕ ЗАШТИТЕ КОНКУРЕНЦИЈЕ У РЕПУБЛИЦИ СРБИЈИ

TEME ◽  
2017 ◽  
pp. 785
Author(s):  
Ivan Đekić
Keyword(s):  
Law Enforcement ◽  
Competition Policy ◽  
Competition Law ◽  
Current Development ◽  
Narrow Sense ◽  
Dominant Position ◽  
Policy Competition ◽  
Abuse Of Dominant Position ◽  
And Control ◽  
Made In

In the study the author observes and analyzes the current development of competition policy in Serbia and gives recommendations for improvement of this policy. Competition policy is seen in the narrow sense, and is concerned with the field of protection and prevention of distortion of competition, or the field of restrictive agreements, abuse of dominant position and control of concentrations. The aim of the study is to provide guidelines for development of competition policy of Serbia. Progress of competition policy is seen through improvements made in the area of competition law and strengthening institutions that implement laws. The results of the competition policy of Serbia are identified and analyzed through relevant international indicators and data from domestic and foreign reports. The conclusion of the author seen in the study is that the progress done in competition policy in Serbia is unsatisfactory and that this policy is ineffective. The aforementioned imposes the need to improve the domestic competition policy, which is the following: a change of focus and approach of competition policy; redefining the key areas of distortion of competition in the law; strengthening law enforcement institutions; and a better promotion of competition policy.

Modernization of Antimonopoly Policy in Russia (Economic Analysis of Proposed Changes in the Competition Law)

2005 ◽  
pp. 100-116
Author(s):  
S. Avdasheva ◽  
A. Shastitko
Keyword(s):  
Economic Analysis ◽  
Financial Markets ◽  
Financial Services ◽  
Competition Law ◽  
Commodity Markets ◽  
State Aid ◽  
Executive Power ◽  
Rule Of Reason ◽  
Per Se

The article is devoted to the analysis of the draft law "On Protection of Competition", which must substitute the laws "On Competition and Limitation of Monopolistic Activity on Commodity Markets" and "On Protection of Competition on the Financial Services Market". The innovations enhancing the quality of Russian competition law and new norms providing at least ambiguous effects on antimonopoly regulation are considered. The first group of positive measures includes unification of competition norms for commodity and financial markets, changes of criteria and the scale of control of economic concentrations, specification of conditions, where norms are applied "per se" and according to the "rule of reason", introduction of rules that can prevent the restriction of competition by the executive power. The interpretation of the "collective dominance" concept and certain rules devoted to antimonopoly control of state aid are in the second group of questionable steps.

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