scholarly journals Pecuniary penalties imposed on undertakings within the EU competition policy

Author(s):  
D. S. Castilhos ◽  
D. R. Alves

The European internal market allows people and businesses to circulate freely in the 28 member states. The possibility of companies to compete equally and fairly is guaranteed by European Union (EU) competition policy. These rules encourage companies to be more efficient. The present study provides an overview of the discussion of relevant issues with these objectives: describing the creation and development of EU’s competition policy and characterise the importance of the role played by the European Commission in this area in addition to examining the imposition of pecuniary sanctions on companies. Is at issue the application of the rules in the Treaty on the functioning of the EU and Regulation No 1/2003? In conclusion, it was verified that the system adopted by the EU shows some fragility in the defence of the fundamental rights of companies.Keywords: Competition policy, European Union.

Author(s):  
Ewa Latoszek ◽  
Agnieszka Kłos

The aim of this article is to present the essence of competition policy and its implementation in the European Union in the context of ongoing globalization of the world economy. The paper will present selected factors that stimulate the process of globalization, main objectives and tools supporting the functioning of the EU internal market, and the place of the European Commission as a body that enforces compliance with the rules of competition by companies and the Member States.


2018 ◽  
Vol 8 (2) ◽  
pp. 121-144
Author(s):  
Touko Johannes Sinisalo

AbstractOn 28 March 2018, the European Commission published a press release stating that there is a plan to revoke all.eu domains owned by the United Kingdom’s individuals and entities due to Britain’s exit from the European Union. The article highlights issues related to the process of the UK leaving the EU, gives examples from other fields of the Union law and the national law of the Member States which have experienced similar situations and also points out the fundamental rights that the Commission needs to comply with. The basics of domain names are also partially covered to inform the reader about what domain names are based on and of existing regulations in the field.


Author(s):  
Petr YAKOVLEV

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.


2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.


Author(s):  
Jan Wouters ◽  
Michal Ovádek

This chapter assesses the role of fundamental rights in EU competition enforcement. EU competition policy comprises a number of limbs, each with its own peculiarities and rules but together contributing to the objective of protecting (relatively) undistorted competition in the Union's internal market. The key reason why EU competition policy is an interesting and important case study from the point of view of fundamental rights application is enforcement. Unlike in other areas, the EU, in particular the European Commission, wields considerable powers when it comes to the protection of undistorted competition in the internal market. Although the extent of the enforcement powers and their potential impact on fundamental rights differs between the various aspects of competition policy, the field as a whole embodies supranational authority as almost none other. This is so despite the fact that in enforcing competition law the Commission cooperates closely with national competition authorities (NCAs) as part of the European Competition Network (ECN) and that the majority of decisions applying EU antitrust rules are taken by the NCAs.


Author(s):  
Nigel Foster

This chapter provides an introduction to Competition Policy and law in the European Union (EU). It covers the principal rules of EU competition law, namely Articles 101 and 102 TFEU and also considers the enforcement of the competition law regime and merger policy and regulation in the EU.


2000 ◽  
Vol 28 (1) ◽  
pp. 133-145
Author(s):  
Ursula G. Sauer ◽  
Roman Kolar

In 1999, the European Commission presented its second report on the numbers of laboratory animals used in the European Union (EU). The plausibility of the data and the usefulness of the format of the registration tables remain questionable, for reasons previously discussed in connection with the Commission's first statistical report. In addition, it is impossible to derive sound information on trends in animal use in the EU and its Member States from the second statistical report. The European Commission and the Member States have agreed on new tables to be used for future statistics on the use of experimental animals in the EU. These new tables have been significantly extended and improved. Several categories of little relevance have been revised, and ambiguous expressions have been clarified. However, several problems either persist or have been newly created. Moreover, some important data (i.e. categories for pain and distress, as well as for several specific purposes of use; the origin of some animal species; types of institutions; and the use of genetically engineered animals) are still not required. Nevertheless, these are highly relevant to animal welfare and must be regarded as indispensable for a well-aimed application of the statistics to set priorities concerning the Three Rs.


2020 ◽  
Vol 59 (4) ◽  
pp. 694-707
Author(s):  
Justine N. Stefanelli

In its preliminary ruling in Haqbin, the Court of Justice of the European Union (CJEU or Court) ruled for the first time on whether the EU Reception Conditions Directive 2013/33 (RCD) prohibits Member States from withdrawing material reception conditions in the event of a breach of the rules of accommodation centers, or in the context of violent behavior within those centers. In holding in the negative, the CJEU affirmed the important role played by fundamental rights in the EU's asylum system.


2018 ◽  
Vol 62 (2) ◽  
pp. 493-519 ◽  
Author(s):  
Nicole Dewandre ◽  

In this article, I argue that Hannah Arendt’s well-known but controversial distinction between labour, work, and action provides, perhaps unexpectedly, a conceptual grounding for transforming politics and policy-making at the EU level. Beyond the analysis and critique of modernity, Arendt brings the conceptual resources needed for the EU to move beyond the modern trap it fell into thirty years ago. At that time, the European Commission shifted its purpose away from enhancing interdependence among Member States with a common market towards achieving an internal market in the name of boosting growth and creating jobs. Arendt provides the conceptual tools to transform the conceptualisation of relations and of agents that fuels the growing dissatisfaction among many Europeans with EU policy-making. This argument is made through stretching and re-articulating Arendt’s labour-work-action distinction and taking seriously both the biological and plural dimensions of the human condition, besides its rational one. By applying this shift in an EU context, EU policies could change their priorities and better address the needs and expectations of plural political agents and of European citizens.


elni Review ◽  
2009 ◽  
pp. 79-82
Author(s):  
Ana Barreira

The European Commission has recognised that “[l]aws do not serve their full purpose unless they are properly applied and enforced”. In addition “[t]he European Institutions and the Member States should continue to develop their work to ensure that Community law is correctly applied and implemented”. There are diverse tools for guaranteeing compliance such as compliance indicators, compliance and enforcement strategies and environmental inspections, the purpose of which is to supervise compliance. This article focuses on the latter. Firstly, the way in which this instrument was incorporated under Community environmental policy is examined. Secondly, the current status of environmental inspections at EU level is briefly analysed. Thereafter, it will concentrate on the proposals for the review of this tool, ending with some recommendations on how environmental inspections should be regulated in the European Union with a focus on the demands of European Environmental Bureau (EEB) on this matter.


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