scholarly journals Pravo mjerodavno za povrede prava tržišnog natjecanja

2018 ◽  
Vol 39 (1) ◽  
pp. 183-214 ◽  
Author(s):  
Ivana Kunda
Keyword(s):  
Legal Theory ◽  
Competition Law ◽  
Public Interests ◽  
Eu Legislation ◽  
National Competition ◽  
Competition Laws ◽  
Scope Of Application ◽  
The Law ◽  
Contractual Obligations ◽  
The Eu

<span>Issues arising in the context of determining the law governing competition law breaches are numerous and complex. The situation is no different following the harmonisation of the national rules as a result of the recently adopted Directive on damages for infringements of the competition law provisions. This paper is aimed at scrutinising various such issues, in particular it deals with interpretation of the concepts found in Article 6(3) of the Rome II Regulation on the law applicable to non-contractual obligations and the related aspects of interaction between EU and national competition laws. From the scope of application ratione materiae of the mentioned conflict-of-law provision and defining the “market” as an essential component of the connecting factor lex mercati, to the functioning of the general provisions aimed at protecting public interests, the author presents the opposing views expressed in legal theory and points out the principles which should be taken into account in the course of the analysis. Additional emphasis is put on the thorny questions which originate from erroneous translation of the EU legislation into the Croatian language.&nbsp;</span>

Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations

2021 ◽  
pp. 264-288
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Special Rules ◽  
Contractual Obligations ◽  
Rome I ◽  
Brussels Regulation ◽  
The Eu

Chapter 8 examines the harmonized provisions on private international law in the EU. It discusses the conflict of law rules in civil and commercial matters contained in the Brussels Regulation on Jurisdiction and the Rome I Regulation (applicable law contracts) and Rome II Regulation (non-contractual obligations). It analyses their scope of application and the general and special rules of jurisdiction for contract and torts, and the law applicable to different types of contracts and non-contractual liability. It provides a general overview of the main aspects of private international law in the EU and how this applies in internet cases.

Non-Contractual Obligations

2019 ◽  
pp. 244-277
Author(s):  
Adrian Briggs
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
Eu Law ◽  
Eu Legislation ◽  
The United Kingdom ◽  
The Law ◽  
Contractual Obligations

This chapter discusses the law on non-contractual obligations. On Exit Day, and unless any further legislative provision is made, the provisions of EU law set out in the Rome II Regulation, Regulation 864/2007, will be retained as the law of the United Kingdom. The adjustments necessary to allow the Rome II Regulation to operate as English private international law are made by the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019 No 834: these adjustments are of no substantial importance. It follows that it is possible to refer in this chapter to the Rome II Regulation without needing to draw attention to its status as EU legislation (as it was prior to Exit Day) or as retained EU legislation (as it is on and after Exit Day).

3. The relationship between European Union and United Kingdom competition law

2019 ◽  
pp. 57-75
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
National Competition ◽  
Current Interaction ◽  
Article 50 ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.

15. Enforcement of EU competition law

2019 ◽  
pp. 686-698
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Burden Of Proof ◽  
Competition Law ◽  
National Courts ◽  
Eu Competition Law ◽  
Wide Range ◽  
National Competition ◽  
Competition Laws ◽  
Complete Series ◽  
Explanatory Text ◽  
The Relationship

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.

2. The Competition Law and Institutions of the European Union

2019 ◽  
pp. 75-96
Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne
Keyword(s):  
Competition Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Public Enforcement ◽  
The Public ◽  
Directorate General ◽  
National Competition ◽  
Competition Rules ◽  
The Eu

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.

The Form of Pre-contractual Obligations of the Parties to the Insurance Contract Provided for in Polish Legislation and the Modern Market Requirements

2019 ◽  
Vol 2 (99) ◽  
pp. 140-151
Author(s):  
Jakub Pokrzywniak
Keyword(s):  
Civil Code ◽  
Insurance Contract ◽  
Eu Legislation ◽  
Market Requirements ◽  
Contractual Obligations ◽  
Formal Requirements ◽  
The Eu

This article is concerned with the form of activities performed by the parties to the insurance contract in the pre-contractual phase. Selected provisions of the Civil Code, the Insurance and Reinsurance Activity Act and the Insurance Distribution Act have been analyzed with regard to the form of particular steps aimed at the conclusion of the insurance contract. This comparison suggests the legislator’s inconsistency as to the formal requirements to be met by the communications between prospective contractors. It is hard to admit that these provisions pursue a single and coherent legislative intention. On the contrary, the impression of randomness arises. The Civil Code, which creates the strictest requirements, ‘does not keep up with’ the solutions adopted in other acts, especially those which have originated in the EU legislation. As a consequence of these findings, de lege ferenda postulates have been formulated.

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

scholarly journals The Limits of Choice of Applicable Law under the European Union Regulation No. 864/2007 of 11 July 2007 “On the Law Applicabl to Non-Contractual Obligations”

2017 ◽  
pp. 76-84
Author(s):  
Кирилл Нам ◽  
Kirill Nam
Keyword(s):  
European Union ◽  
Private International Law ◽  
The European Union ◽  
Legal Norms ◽  
Applicable Law ◽  
Eu Regulation ◽  
Eu Countries ◽  
The Law ◽  
Contractual Obligations ◽  
The Eu

The tendency toward unification of EU countries’ national legal orders is a natural and necessary part of integration processes within the European Union. However, due to the diversity and differences of legal systems and cultures in the European states, the question of establishing a complete uniformity of material legal norms, first of all, in the field of private law, seems to be the one of a remote future. In this regard, a milestone development has been the unification of EU countries’ legal norms of private international law concerning non-contractual obligations, i. e. the adoption and entry into force of the EU Regulation (Rome II). One of the main novelties introduced therein is the principle of parties’ autonomy according to which parties to a non-contractual obligation have the right to choose the law to be applied to their relationship. The author analyzes and systemizes the limits of such a choice contained in the EU Regulation (Rome II). Parties to non-contractual obligations through the choice of applicable law can build their relationships in a way that corresponds to their goals and wishes. However, at the same time they should carefully consider all limitations of their choice of law and possible legal implications of it which are contained in the EU Regulation (Rome II).

scholarly journals The Necessity of ASEAN Competition Law: Rethinking

2017 ◽  
Vol 3 (3) ◽  
pp. 218
Author(s):  
Udin Silalahi ◽  
Dian Parluhutan
Keyword(s):  
Economic Integration ◽  
Competition Policy ◽  
Competition Law ◽  
Domestic Market ◽  
Unfair Competition ◽  
Member States ◽  
Asean Member ◽  
Important Policy ◽  
National Competition ◽  
Competition Laws

As outlined in the AEC Blueprint, all ASEAN member states (AMSs) will endeavour to introduce competition policy by 2015. At present 7 (seven) AMSs, namely: Indonesia, Singapore, Malaysia, Thailand, Vietnam, Philippines, Myanmar have the national competition laws to supervise anti-competitive conduct in the domestic market. But the question is what if happened unfair competition between ASEAN member states, due to the agreement or businesses activities by business actors that harm competition? ASEAN has an ASEAN Regional Guidelines on Competition Policy (ARGCP) that developed by ASEAN Experts Group on Competition (AEGC) as framework for member states to develop its own competition law or policy and as a guideline in measuring that directly affect the behaviour of enterprises and the structure of industry and markets. Regional Guideline is just to help AMSs in increasing of awareness of important policy, not to sustain the competition among ASEAN member countries. Until now there is no ASEAN Competition Law and Institution to oversee competition among ASEAN member countries. In this era, ASEAN economic integration it is a certainty that anti-competitive among AMSs will happen.

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