Effective Competition and EU Competition Law

2005 ◽  
Author(s):  
Tuna Baskoy
Keyword(s):  
Competition Law ◽  
The Political ◽  
Effective Competition ◽  
Distribution Of Wealth ◽  
Law And Policy ◽  
Economic Rationale ◽  
Policy Goals ◽  
Eu Competition Law ◽  
Depth Study ◽  
Competition Rules

The notion of workable or effective competition is at the centre of EU competition law and policy, as it strives to achieve and maintain it. Some scholars do not mention it at all. Those who refer to it either do not explain it in any way or explicate it very shortly. In fact, the concept is too important to be ignored totally or elucidated briefly. The objective of this article is to provide a comprehensive analysis of the concept by focusing on the theory of workable or effective competition. It is argued that effective competition is the key for an in-depth study of the political economy (i.e. real policy goals, economic rationale behind individual competition rules, institutional requirements, and implications for distribution of wealth) of EU competition law and policy.   Full text available at:https://doi.org/10.22215/rera.v1i1.161

scholarly journals Effective Competition and EU Competition Law

2005 ◽  
Vol 1 (1) ◽  
Author(s):  
Tuna Baskoy
Keyword(s):  
Competition Law ◽  
The Political ◽  
Effective Competition ◽  
Distribution Of Wealth ◽  
Law And Policy ◽  
Economic Rationale ◽  
Policy Goals ◽  
Eu Competition Law ◽  
Depth Study ◽  
Competition Rules

The notion of workable or effective competition is at the centre of EU competition law and policy, as it strives to achieve and maintain it. Some scholars do not mention it at all. Those who refer to it either do not explain it in any way or explicate it very shortly. In fact, the concept is too important to be ignored totally or elucidated briefly. The objective of this article is to provide a comprehensive analysis of the concept by focusing on the theory of workable or effective competition. It is argued that effective competition is the key for an in-depth study of the political economy (i.e. real policy goals, economic rationale behind individual competition rules, institutional requirements, and implications for distribution of wealth) of EU competition law and policy.

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

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.

5 Enforcement, Institutions, and Procedure

2012 ◽  
Author(s):  
Geradin Damien ◽  
Layne-Farrar Anne ◽  
Petit Nicolas
Keyword(s):  
Competition Law ◽  
Public Enforcement ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules

This chapter discusses the enforcement of EU competition law. EU competition law is primarily enforced through a system of ‘public enforcement’, where specialized administrative institutions initiate, decide, and terminate cases. Articles 101 and 102 TFEU are enforced by competition authorities at both the European—by the Commission—and national levels—by national competition authorities (NCAs). Since the adoption of Regulation 1/2003, the Commission and the NCAs form a ‘network’ of competition authorities called the European Competition Network (ECN). A set of specific legal mechanisms have been adopted to ensure a harmonious and effective enforcement of EU competition rules amongst the ECN. In addition, national courts also offer a remedial avenue for plaintiffs seeking to invoke EU competition rules. The chapter then looks at how the Commission and NCAs process competition cases. In general, a competition case goes through four stages: detection, investigation, evaluation, and decision.

17. Competition law

2020 ◽  
pp. 544-582
Author(s):  
Alison Jones ◽  
Christopher Townley
Keyword(s):  
Competition Law ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Core Competition ◽  
Position Article ◽  
Article 102 Tfeu

This chapter examines the two core competition rules that govern anti-competitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law. It then discusses the enforcement and consequences of infringement; who Articles 101 and 102 TFEU apply to and when they apply. It also identifies anti-competitive agreements and conduct.

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.

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.

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