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.

17. Competition Law

2021 ◽  
pp. 717-778
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
The European Union ◽  
The Third ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Eu

This chapter assesses the EU competition law on private undertakings. The relevant Treaty section is here built upon three pillars. The first pillar deals with anticompetitive cartels and can be found in Article 101 of the Treaty on the Functioning of the European Union (TFEU). The second pillar concerns situations where a dominant undertaking abuses its market power and is found in Article 102. The third pillar is unfortunately invisible, for when the Treaties were concluded, they did not mention the control of mergers. This constitutional gap has never been closed by later Treaty amendments, yet it has received a legislative filling in the form of the EU Merger Regulation.

13. An introduction to EU competition policy and law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Competition Policy ◽  
Competition Law ◽  
Merger Policy ◽  
The European Union ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Eu

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.

Excessive pricing in the pharmaceutical industry: adding another string to the bow of EU competition law

2020 ◽  
pp. 1-12
Author(s):  
Diletta Danieli
Keyword(s):  
European Union ◽  
Pharmaceutical Industry ◽  
Competition Law ◽  
Pharmaceutical Companies ◽  
Health Law ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Competition Law ◽  
Policy Objectives ◽  
The Eu

Abstract The paper addresses the issue of excessive price abuse under Article 102(a) of the Treaty on the Functioning of the European Union (TFEU), by drawing inspiration from a recent stream of cases (developed first at the national and then at the EU level) involving pharmaceutical companies marketing off-patent drugs. In particular, the two ‘most advanced’ cases are analysed: Aspen in Italy and Pfizer/Flynn in the United Kingdom. This new-found attention towards exploitative practices in the form of excessive and unfair pricing by dominant undertakings that have traditionally been subject to a cautious antitrust scrutiny seems worth exploring for a number of reasons, as illustrated in the paper. Ultimately, it is argued that this further ‘interference’ of competition law into the realms of regulation may be actually justified, albeit subject to precise conditions for enforcement, and may pursue policy objectives in the wider context of EU health law.

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 What Role for EU Competition Law in Regulated Industries? Reflections on the Judgment of the General Court of 17 December 2015 Orange Polska v European Commission (Case T-486/11)

2016 ◽  
Vol 9 (14) ◽  
pp. 265-277
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
The European Union ◽  
Dominant Position ◽  
Commission Decision ◽  
Eu Competition Law ◽  
Broadband Services ◽  
Regulated Industries ◽  
New Entrants

On 17th December 2015, the General Court of the European Union (GC) confirmed a fine of over EUR 127 million imposed by the European Commission (hereinafter the Commission) on the Polish telecommunications company Orange Polska (hereinafter OP), formerly known as Telekomunikacja Polska. According to the fining decision, issued in 2011 (hereinafter the Commission decision), OP abused its dominant position by refusing access to its wholesale broadband services to new entrants, acting in contravention of Article 102 of the Treaty on the Functioning of the European Union (TFEU).

scholarly journals Consequences of Brexit on the competition law and policy of the United Kingdom and the European Union

2021 ◽  
Vol 60 (91) ◽  
pp. 191-210
Author(s):  
Aleksandar Mojašević ◽  
Stefan Stefanović
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Competition Law ◽  
The European Union ◽  
The United Kingdom ◽  
Law And Policy ◽  
Eu Competition Law ◽  
The Uk ◽  
The Eu ◽  
Cartel Policy

The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.

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.

Part II Antitrust Investigations, 3 Inspections

2020 ◽  
Author(s):  
Nuijten Jan
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Legal Basis ◽  
Eu Competition Law ◽  
Charter Of Fundamental Rights ◽  
Private Homes

This chapter examines the power to inspect business and private premises. Amongst the various investigatory tools of the European Commission to establish whether or not there has been a breach of EU competition law, the power to conduct inspections is the most extensive one. The legal basis for this authority is in Article 20(1) of Regulation 1/2003, which stipulates that the Commission may conduct all necessary inspections of undertakings and associations of undertakings in order to carry out the duties assigned to it by this Regulation. Article 20(2) now ensures the effectiveness of the inspection by empowering inspectors to seal business premises and books or records for the period of the inspection; ask representative or member of staff of the inspected undertaking for explanation; and to record the answers. Article 21(1) extended the Commission’s power to inspect also non-business premises, such as private homes of directors, managers, and members of staff of the undertakings. Inspections can be conducted unannounced or announced. While the Commission’s power to inspect is extensive, it is contained by the Commission’s duty to respect the rights of the undertakings subject to inspection, in accordance with the fundamental rights and principle enshrined in the Charter of Fundamental Rights of the European Union.

7. EU competition law: introduction and Article 101 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
Internal Market ◽  
Business Practices ◽  
The European Union ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules

Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) prohibit anti-competitive business practices. The European Commission, national competition authorities, and national courts enforce Articles 101 and 102 under powers conferred by Regulation 1/2003. From time to time, the European Commission issues non-binding notices providing clarification of the competition rules. This chapter focuses on Article 101, but begins with an outline of Articles 101 and 102 and the rules on enforcement. In broad terms, Article 101 prohibits business agreements or arrangements which prevent, restrict, or distort competition within the internal market and affect trade between Member States.

EU Law Concentrate

2018 ◽  
Author(s):  
Matthew Homewood
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
Essential Information ◽  
Court Of Justice ◽  
Eu Competition Law ◽  
Free Movement Of Goods ◽  
State Liability ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. EU Law Concentrate provides essential information on all aspects of EU law, starting with the origins, institutions, and sources of law in the EU. It then moves on to consider supremacy, direct and indirect effect, and state liability. Chapter 4 looks at direct actions in the Court of Justice of the European Union. Articles 258–260, 263, 265, 277, and 340 are examined in detail. The next couple of chapters describe the free movement of goods and persons. The book ends with a consideration of EU Competition law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

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