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.

5. The legal framework

2021 ◽  
pp. 48-54
Author(s):  
Ariel Ezrachi
Keyword(s):  
Mergers And Acquisitions ◽  
Competition Law ◽  
Legal Framework ◽  
Monopoly Power ◽  
Antitrust Law ◽  
Eu Member States ◽  
Eu Competition Law ◽  
The Us ◽  
Restraint Of Trade ◽  
The Eu

‘The legal framework’ outlines the key competition provisions currently in the US and EU. Like in most other jurisdictions, EU and US laws include competition provisions that are used to address antitrust violations such as anti-competitive agreements or abuse of monopoly power. They also include laws dealing with proposed mergers and acquisitions. The US Antitrust Law prohibits contracts and agreements between two or more individuals or entities in restraint of trade or commerce. Meanwhile, EU competition law prohibits agreements between ‘undertakings’ that have, as their object or effect, the prevention, restriction, or distortion of competition, and affect trade between the EU member states.

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 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

Vertical Agreements in EU Competition Law

2018 ◽  
Author(s):  
Tuytschaever Filip ◽  
Wijckmans Frank
Keyword(s):  
Competition Law ◽  
Self Assessment ◽  
Industry Regulation ◽  
Private Practitioners ◽  
Eu Competition Law ◽  
National Competition ◽  
Legal Concepts ◽  
Reference Tool ◽  
Block Exemption ◽  
The Eu

The book discusses the EU competition law regime and practice in respect of vertical agreements. The concept of vertical agreements is not limited to distribution arrangements, but covers also supply and subcontracting scenarios. Particular attention is paid to e-commerce and the sector-specific rules applicable to the automotive industry (Regulation 461/2010). The book covers systematically the various aspects of Regulation 330/2010, which is the European block exemption regulation generally applicable to vertical agreements, as well as the Vertical Guidelines related thereto. In addition to a systematic presentation of the relevant legal concepts, the book provides practical guidance and concrete cases. Such cases include European precedents and decisions adopted in national competition law proceedings. The authors have inserted concrete examples stemming from their private practice in the field. The book offers concrete guidance for vertical agreements falling outside of the scope of Regulation 330/2010 where the parties may need to conduct a so-called self-assessment. It describes the economic theories underpinning such assessment and presents the relevant economic concepts in a digestible manner. The book is intended as an easy reference tool for private practitioners and legal scholars. The second edition of the book has been labelled by many practitioners as their ‘bible’ on vertical agreements.

Is “Privacy” a Means to Protect the Competition or Advance Objectives of Innovation and Consumer Welfare?

2020 ◽  
pp. 106-124
Author(s):  
Arletta Gorecka
Keyword(s):  
Competitive Equilibrium ◽  
Competition Law ◽  
Consumer Welfare ◽  
Multidimensional Approach ◽  
Privacy Concerns ◽  
Eu Member States ◽  
Eu Competition Law ◽  
The Impact ◽  
The Relationship ◽  
The Eu

The relationship between competition law and privacy is still seen as problematic with academics and professionals trying to adequately assess the impact of privacy on the competition law sphere. The chapter looks at the legal development of the EU merger proceedings to conclude that EU competition law is based on the prevailing approach and assesses decisions involving data through the spectrum of keeping a competitive equilibrium in hypothetical markets. Secondly, it considers the legal developments in the EU Member States' practice, which acknowledges the apparent intersection between the phenomena of competition law and privacy. This chapter attempts to propose that privacy concerns appear to hold a multidimensional approach on competition legal regime; nevertheless, it does not result in the need of legal changes within the remits of competition law, as the privacy concerns are already protected by the data protection and consumer protection law.

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

Part VIII Cooperation in Antirust Enforcement, 20 Cooperation Between the Commission and the Courts of the EU Member States

2020 ◽  
Author(s):  
Holzwarth Johannes
Keyword(s):  
Member State ◽  
National Level ◽  
Competition Law ◽  
State Courts ◽  
Private Enforcement ◽  
Member States ◽  
Eu Member States ◽  
National Courts ◽  
Eu Competition Law ◽  
Competition Rules

This chapter explores the cooperation between the European Commission and Member States’ courts that apply Articles 101 and 102 TFEU. The risk of inconsistent interpretations of EU competition rules renders cooperation between the Commission and Member State courts crucial, particularly due to the role that such courts play when it comes to the effective enforcement of Articles 101 and 102 TFEU at the national level: in the era of decentralisation, it is the national courts that will ultimately be called upon to apply Articles 101 and 102 TFEU either directly, or when reviewing national authorities’ decisions based on those provisions. The central role that the Commission retains for the enforcement of EU competition law means that it has a particularly strong interest in ensuring effective cooperation with national courts. Moreover, the importance of cooperation between the Commission and Member State courts is further increasing due to the rise of private enforcement. This type of enforcement is generally associated with civil actions and damages awarded by national courts or tribunals.

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