Legal privilege in EU competition law and the potential implications of Brexit

2018 ◽  
Vol 17 (2) ◽  
pp. 86-89
Author(s):  
Chris Owen
Keyword(s):  
Competition Law ◽  
Eu Law ◽  
Legal Advice ◽  
The Past ◽  
Eu Competition Law ◽  
The Status ◽  
Legal Position ◽  
The Subject

The status of legal advice provided by lawyers being protected by privilege in EU competition investigations has been the subject of much legal scrutiny in the past two decades. This article provides a recap of the current legal position in EU law, analyses how that position might change for UK qualified lawyers post-Brexit and also considers the position of advice provided by EEA qualified lawyers in English proceedings post-Brexit.

Part I Introduction, 1 Introduction

2018 ◽  
Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip
Keyword(s):  
Competition Law ◽  
Historical Background ◽  
Private Enforcement ◽  
Eu Law ◽  
Public And Private ◽  
The Public ◽  
Eu Competition Law ◽  
Before And After ◽  
Public And Private Enforcement ◽  
The Eu

This chapter explains the term ‘vertical agreements’ and what it covers. It addresses a number of general issues that are relevant to the EU competition law treatment of vertical agreements in general. It describes the implementation and the (public and private) enforcement of Article 101 TFEU before and after the entry into force of Regulation 1/2003. The chapter provides the historical background of both Regulation 330/2010 and Regulation 461/2010. In particular, it devotes specific attention to the nature and legal and practical consequences of soft EU competition law (in the form of notices, guidelines, etc) as opposed to hard EU competition law (provisions of primary and secondary EU law).

Part I EU Competition Law Private Enforcement and the Antitrust Damages Directive, 2 Promotion and Harmonization of Antitrust Damages Claims by Directive 2014/104/EU?

2018 ◽  
Author(s):  
Rodger Barry ◽  
Ferro Miguel Sousa ◽  
Marcos Francisco
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Competition Law ◽  
Private Enforcement ◽  
Eu Law ◽  
Legal Basis ◽  
Member States ◽  
Competition Law Enforcement ◽  
Eu Competition Law

This chapter explains the contents and goals of the Antitrust Damages Directive (Directive 2014/104/EU), the corollary of the EU’s policy towards the promotion and facilitation of private enforcement of competition law. It first traces the evolution in EU competition law enforcement and policy that led to the adoption of the Directive before considering the goals of the Directive in more detail, namely to provide rules for the effective compensation of victims of antitrust infringements and to harmonize some rules concerning damages claims. It then examines the Directive’s legal basis under EU Law as well as substantive provisions, including those relating to compensatory principles, quantification of harm, and consensual dispute resolution. The chapter goes on to highlight neglected issues, limitations, and inherent biases regarding the scope and nature of the Directive’s rules and concludes with an analysis of issues arising from implementation of the Directive in Member States.

scholarly journals Market Power Abuse in EU And UK: A Review of Consumer Detriment Issues

2015 ◽  
Vol 4 ◽  
pp. 27-46
Author(s):  
Afroza Bilkis ◽  
Supravat Halder
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
Active Participation ◽  
Dominant Position ◽  
Fair Competition ◽  
Eu Competition Law ◽  
The Status

When a dominant company exploits its market power and that harms fair competition in the marketplace, average consumers remain in the most vulnerable condition having vital influence on but no active participation in the functioning of the market. The actions of a business that has market power can have serious effects on the operation of a market. An undertaking in a dominant position may use its market power in several ways, the most common being exploiting consumers by artificial scarcity and increasing prices. Moreover, there may be diverse interpretation as to the nature of an undertaking while considering market power abuse cases for the purposes of European Union (EU) Competition law. It is significant to consider the status of consumers in a market to see if dominant entities are abusing their powers and therefore test the level of commercialization.Northern University Journal of Law Vol.IV 2013; p.27-46

scholarly journals Chemisation of Agriculture in Selected Legal Acts

2021 ◽  
Vol 30 (4) ◽  
pp. 621
Author(s):  
Monika Żuchowska-Grzywacz
Keyword(s):  
National Level ◽  
Natural Sciences ◽  
Point Of View ◽  
Complex Nature ◽  
Eu Law ◽  
Legal Problems ◽  
Research Material ◽  
The Social ◽  
The Status ◽  
The Subject

<p>The article attempts to present an analysis of the status of the concept of chemisation in selected legal acts at the international, EU and national level, and to outline the legal problems related to chemisation in agriculture. The concept of agricultural chemisation belongs to a conceptual framework of other than law branches of empirical sciences, primarily chemistry, natural sciences and agrotechnics. There is no legal definition and it is dispersed in various legal acts, significantly affecting such areas as environmental protection, food safety, food security, protection of the interests of consumers and agricultural entrepreneurs. Due to the specifics of the study, a dogmatic method was used, which analyzed the research material consisting of selected, key provisions of international and EU law and acts of national law. In order to extend the issues and emphasize the issues that are the subject of the study, the method of content analysis and analysis of documents was used, thanks to which the topicality of the discussed issue and its significant importance from the social point of view were shown. The conducted analysis was aimed at showing and emphasizing the multifaceted and complex nature of the issue.</p>

29. Competition Law: Mergers

EU Law ◽  
2020 ◽  
pp. 1163-1189
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Competition Law ◽  
Merger Control ◽  
Merger Policy ◽  
Eu Law ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Uk ◽  
Academic Debate ◽  
The Way

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

29. Competition Law: Mergers

EU Law ◽  
2020 ◽  
pp. 1122-1147
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Competition Law ◽  
Merger Control ◽  
Merger Policy ◽  
Eu Law ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Uk ◽  
Academic Debate ◽  
The Way

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

Roundtable: The Progress of Heterodox Economics

2000 ◽  
Vol 22 (2) ◽  
pp. 145-148 ◽  
Author(s):  
A. W. Bob Coats ◽  
Roger E. Backhouse ◽  
Sheila C. Dow ◽  
Daniel R. Fusfeld ◽  
Craufurd D. Goodwin ◽  
...  
Keyword(s):  
Status Quo ◽  
Central Theme ◽  
Heterodox Economics ◽  
The Past ◽  
Graduate Curricula ◽  
The Status ◽  
The Usa ◽  
The Subject ◽  
Methodological Approaches ◽  
High Degree

The central theme of this session is the changing relationship between “orthodox” (i.e., mainstream, neoclassical) and “heterodox” economics, especially in the USA, during the past two or three decades. Economics is such a large and heterogeneous discipline that it cannot be characterized both briefly and accurately. Alongside the growth of formalization and mathematization, and the high degree of uniformity in the undergraduate and graduate curricula and in the leading textbooks, there are also within the subject a number of dissenting or deviant doctrinal schools, rival methodological approaches, and innovative developments designed to remedy its defects and/or overcome its limitations. Moreover, many of the outspoken criticisms of the status quo, proposed remedies, and innovations, originate with or are endorsed by prominent economists with impeccable professional credentials. Indeed, in some cases their contributions threaten the discipline's foundations and can, therefore, be considered a species of “orthodox subversion.”

scholarly journals The Condition of Fault in Private Enforcement of Competition Law – a Comparative Analysis of U.S. v. Polish and European Approach

2020 ◽  
Vol 12 (21) ◽  
pp. 71-97
Author(s):  
Marta Mackiewicz ◽  
Keyword(s):  
Comparative Analysis ◽  
Competition Law ◽  
Private Enforcement ◽  
Tort Liability ◽  
Eu Law ◽  
National Courts ◽  
Eu Competition Law ◽  
Comprehensive Picture ◽  
Damage Claims ◽  
Domestic Law

The purpose of the Polish Act on Claims for Damages for Remedying the Damage Caused by Infringements of Competition Law, based on and implementing EU law – the Damages Directive, was to enable undertakings to effectively use private enforcement of their damages claims from competition law offenders. Infringement of competition law is classified as a tort according to the said Act on Claims. Therefore, the Act on Claims refers to tort liability rules. The conditions of classic tort liability in domestic law do not have exactly the same dogmatic meaning and scope as the conditions of public or private liability for the infringements of domestic and EU competition law. In practice, their application by national courts may rise many questions regarding conformity between domestic and EU law. This paper aims to analyse one of the key conditions of tort liability, that is, the fault of both the undertaking – the offenders, as well as the fault of their governing bodies and officers. If one were to understand the notion of fault within the limits laid down by civil law, and follow the literal wording of the Polish Civil Code’s provisions referring to the fault condition, the efficiency of private enforcement of damage claims arising from infringements of competition law would be doubtful. Therefore, the aim of this paper is to provide the readers with such an interpretation of the notion of fault, as a condition of liability of undertakings, that the legislative purpose of the Act on Claims is achieved and that the principles of efficiency and equivalence of the EU law are observed. In order to present a comprehensive picture, this paper will also discuss the case law of the CJEU concerning ‘anti-trust fault’, accompanied by a comparative analysis of the German and French approach to the fault condition as well as United States antitrust laws in the same area.

scholarly journals PRICE INCREASES DURING THE PANDEMIA AND EU COMPETITION LAW

2021 ◽  
Author(s):  
Emiliano Marchisio
Keyword(s):  
At Risk ◽  
Competition Law ◽  
Private Firms ◽  
Eu Law ◽  
Free Markets ◽  
Price Increases ◽  
Price Adjustments ◽  
Eu Competition Law ◽  
Just Price ◽  
Relative Scarcity

The debate about the “just price” has ancient origin and returns forcefully to the scene when, in the event of crises of various kinds, there is a rapid and significant increase in prices of given goods or services. In this article it is examined the problem of whether price increases of such a nature could, or should, be considered illicit under EU competition law. The central part of the article reviews different theories on what a “just price” should be and focuses on the idea that a price is “just” when it functions as index of relative scarcity in free markets. It is claimed that such a function deserves protection by EU law. Therefore, price adjustments in response to shocks cannot and should not be considered illegal: it is unacceptable to sanction private firms by attributing them the wrong of not having substituted, at their own expense, for the exercise of a public function (that of making sure that price increases do not put at risk solidarity and other constitutional principles).

scholarly journals The principle of exclusive citizenship and a foreigner's status

2021 ◽  
Vol 1 (1) ◽  
pp. 15-27
Author(s):  
Predrag Terzić
Keyword(s):  
Political Institutions ◽  
Political Community ◽  
The Political ◽  
Social Significance ◽  
The Public ◽  
The Past ◽  
The Social ◽  
The Status ◽  
The Subject ◽  
The Public Sphere

The process of creating a modern state and forming political institutions corresponds to the process of transforming the subjects of the past into a community constituted on the principle of citizenship. The citizen becomes the foundation of the political community and the subject, which in interaction with other citizens, forms the public sphere. However, this does not mean that all members of the community have the same rights and obligations contained in the status of a citizen. Excluding certain categories of residents from the principle of citizenship raises a number of issues that delegitimize the existing order by colliding with the ideas of justice, freedom and equality. The aim of this short research is to clarify the principle of citizenship, its main manifestations and excluded subjects, as well as the causes that are at the root of the concept of exclusive citizenship. A brief presentation of the idea of multiculturalism does not intend to fully analytically explain this concept, but only to present in outline one of the ways of overcoming the issue of exclusive citizenship. In order to determine the social significance of the topic, a part of the text is dedicated to the ideas that form the basis of an exclusive understanding of citizenship, the reasons for its application and the far-reaching consequences of social tensions and unrest, which cannot be ignored.

Sign in / Sign up

Export Citation Format

Share Document