A Study on the Surcharge of European Commission under the EU Competition Law

2010 ◽  
Vol 34 (2) ◽  
pp. 111-127
Author(s):  
Choung Wan
Keyword(s):  
European Commission ◽  
Competition Law ◽  
Eu Competition Law ◽  
The Eu

scholarly journals Distribution of new cars – no longer an issue for EU competition law?

2021 ◽  
Vol 21 (4) ◽  
pp. 371-383
Author(s):  
Václav Šmejkal
Keyword(s):  
European Commission ◽  
National Level ◽  
Competition Law ◽  
Automotive Sector ◽  
Eu Member States ◽  
Eu Competition Law ◽  
Car Sales ◽  
Year 2000 ◽  
Block Exemption ◽  
The Eu

Abstract Distribution cartels in the automotive sector used to be frequently dismantled and sanctioned by the European Commission and the EU Courts still some 15 years ago. In recent years, however, only a few cases have been reported at the national level of EU Member States. Is it because the distribution of new cars really ceased to be a competition problem as the European Commission declared when it removed this part of the automotive business from the specific Block Exemption Regulation for the automotive sector in 2010? The purpose of the present analysis is first to inspect the car distribution cases that emerged in the EU after the year 2000 and, second, to speculate somewhat whether new forms of distribution, brought by the digitalization of marketing and sales, cannot bring about also new risks to cartel agreements and other types of distortions of competition in car sales.

scholarly journals A corpus-based study on deontic modality in Competition Law: Insights from the English-Greek language pair

2020 ◽  
Vol 10 ◽  
pp. 91-106
Author(s):  
Stavros Kozobolis
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
Small Scale ◽  
Greek Language ◽  
Eu Competition Law ◽  
European Union Legislation ◽  
Deontic Modality ◽  
The Eu ◽  
Language Pair

This study investigates deontic modality, the grammatical category through which legal texts express mainly obligation and permission, in an English-Greek bilingual corpus composed of legislative texts related to European Union (EU) Competition Law. More specifically, the study is based on Biel’s discussion on deontic modality, i.e. deontic obligation and deontic permission (Biel 2014: 158). The analysis of the data is mainly quantitative, while a small-scale qualitative analysis is also carried out when necessary. The results of the study are compared with the specific guidelines proposed by the EU Institutions for English and Greek, i.e. the Joint Practical Guide of the European Parliament, the Council and the Commission for persons involved in the drafting of European Union legislation (2015), the English Style Guide: A handbook for authors and translators in the European Commission for English (2018) and the Greek Style Guide: A handbook for authors and translators in the European Commission for Greek (n.d.), as well as with those of earlier studies on legislative texts.

scholarly journals The peculiarities of observance of the EU competition law in the conditions of digital environment and the protection of intellectual property rights

2021 ◽  
pp. 29-38
Author(s):  
Irina Viktorovna Shugurova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
European Commission ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Digital Environment ◽  
The European Union ◽  
Eu Competition Law ◽  
Comprehensive Examination ◽  
The Eu

The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

Part I EU Competition Law Private Enforcement and the Antitrust Damages Directive, 1 Damages Actions in the Enforcement of EU Competition Law

2018 ◽  
Author(s):  
Rodger Barry ◽  
Ferro Miguel Sousa ◽  
Marcos Francisco
Keyword(s):  
European Commission ◽  
Competition Law ◽  
Historical Background ◽  
Private Enforcement ◽  
Eu Law ◽  
The European Union ◽  
Traditional Role ◽  
Eu Competition Law ◽  
The Eu

This chapter sets the context for the EU’s Antitrust Damages Directive of 2014 in order to understand its significance and potential impact. It first provides a historical background to EU competition law before discussing its public enforcement, focusing on the traditional role of the European Commission in enforcing the EU competition law rules. It then considers developments in EU law private enforcement, citing the role of the Court of Justice of the European Union (CJEU) and European Commission in seeking to promote and facilitate private enforcement, particularly damages actions. It also examines the experience of damages actions in the EU, the issue of collective redress, the US antitrust private enforcement context and experience, and EU private international law rules and their significance for raising damages actions across the Member States’ courts. The chapter concludes with an assessment of the development of competition law damages actions under EU law.

scholarly journals Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law

2015 ◽  
Vol 8 (12) ◽  
pp. 79-98
Author(s):  
Anna Piszcz
Keyword(s):  
European Commission ◽  
Competition Law ◽  
Decision Makers ◽  
Private Enforcement ◽  
Antitrust Enforcement ◽  
Member States ◽  
European Approach ◽  
National Courts ◽  
Eu Competition Law ◽  
The Eu

On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States. In particular, a draft Damages Directive was proposed in order to meet the need for a sound European approach to private enforcement of EU competition law in damages actions. The Damages Directive was ultimately adopted on 26 November 2014. This paper explores some aspects of private antitrust enforcement which have not received sufficient attention from the EU decision-makers during the long preparatory and legislative works preceding the Directive. The paper discusses also some of the remedies that have not been harmonised, and shows how these ‘gaps’ in harmonisation may limit the Directive’s expected influence on both the thinking and practice of private antitrust enforcement in Europe. It is argued in conclusion that further harmonisation may be needed in order to actually transform private enforcement of EU competition law before national courts

More Intel on the territorial limits of EU competition law

2018 ◽  
Vol 17 (1) ◽  
pp. 13-19
Author(s):  
Edward Coulson ◽  
Andrew Leitch
Keyword(s):  
European Commission ◽  
Competition Law ◽  
Internal Market ◽  
High Court ◽  
Applicable Law ◽  
Eu Competition Law ◽  
The Impact ◽  
The Eu

The recent increased focus of the European Commission on cartels formed and operated outside of the EU, which nonetheless harm competition in the internal market, has led to a corresponding increase in private damages actions being pursued in the English courts for losses occasioned by those cartels. Those private damages actions have tested both the jurisdictional reach of the English courts and the territorial scope of EU competition law. This article discusses the successful appeal by iiyama against the partial strike out of its private damages claims in the English High Court for losses occasioned by the CRT Glass and LCD cartels. The impact of the Court of Justice's decision in Intel, which was handed down between iiyama's damages actions being struck out and its successful appeal, is also discussed, together with the High Court's subsequent decision in Unlockd, which followed Intel and iiyama. Taken together, these cases provide significant increased clarity on the issues of jurisdiction and applicable law in private damages actions before the English courts.

Concentrations in the Aviation Sector: How to maintain the level playing field for airlines and airports?

2021 ◽  
Vol 24 (3) ◽  
pp. 485-511
Author(s):  
Valentine Lemonnier
Keyword(s):  
Competition Law ◽  
Air Transport ◽  
Transport Sector ◽  
Level Playing Field ◽  
Playing Field ◽  
Market Participants ◽  
Free Competition ◽  
Eu Competition Law ◽  
Different Types ◽  
The Eu

Before the Covid-19 pandemic hit, the scheduled passenger air transport sector was already subject to several horizontal concentrations. The mix of free competition and strict regularization in the air transport sector in the EU raises the question whether the current framework will still be able to provide a level playing field to the market participants, notably airlines and airports. The study focusses on how EU competition law has influenced horizontal concentrations (i.e. mergers and horizontal co-operations) in the scheduled passenger air transport sector. The results of the discussion are the basis for a reflection of the effects of different types of horizontal concentrations on the negotiation power of airlines vis-à-vis airports. A third focus of the study is the identification of regulatory weaknesses with regard to airport financing under the Airport Charges Directive (Directive 2009/12/EC), how those weaknesses benefit airlines and how they might interfere with efforts made under the application of 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?

scholarly journals Local nexus in merger control regimes

2017 ◽  
Vol 1 (1) ◽  
pp. 155-160
Author(s):  
Daniela Lukáčová
Keyword(s):  
European Commission ◽  
Negative Impact ◽  
Competition Law ◽  
Potential Effect ◽  
The State ◽  
Merger Control ◽  
National Legislation ◽  
Market Shares ◽  
Economic Size ◽  
The Eu

Merger control is one of the competition law tools. While competition authorities in EU act primarily on the basis of national legislation, European Commission controls mergers with EU dimension. The jurisdictional tests relate only to the economic size of the parties and do not depend on the market shares of the parties or substantive impact of the transaction, or on whether the concentration will have any effects within the state. Globalization increases the number of multijurisdictional mergers that are subject to control of several competition authorities within or outside the EU. Differences in merger control proceedings in such cases with regard to the timeframe, or the result of the proceeding, could have a negative impact on the economy in another country. Parties to the concentration could decide to neglect the merger notification due to the timeframe, or complications connected with approving of multijurisdictional merger in other countries with jurisdiction. Therefore, the national authorities’ effort to set in their legislation turnover criteria with local nexus could help to control concentrations with potential effect on competition in their country.

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