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The 1998 Volume on the regulation of communications markets is the third in a successful series of European Competition Law Annuals,founded upon open dialogue between technical experts, market analysts and legal practitioners. Gathering together academic papers and edited transcripts of expert discussions, it offers readers a lively and informed insight into the topical debate of whether governments, or the European Union, should intervene to prevent powerful firms from abusing their control of critical 'gateways' between consumers and communication information services. The Volume examines the technical and market evolutions that have allowed the development of single communications networks, which offer consumers a variety of telephone, audio-visual and computer data services. In an era of market liberalisation, the editors and contributors ask how private ownership of such communications networks may be reconciled with the need to ensure consumers easy access to the services that underpin our, so-called, 'information society'. Table of Contents Introduction - Claus D. Ehlermann Biographical Notes on the Participants Panel One: Regulating Access to Bottlenecks 1 Panel Discussion 2 Working Papers - Fod Barnes, Bernard Amory and Alexandre Verheyden, Jens Arnbak, Henry Ergas, Herbert Hovenkamp, Gunter Knieps, Daniel Rubinfield and Robert Majur, Joachim Scherer, Herbert Hungerer, James Venit Panel Two: Agreements, Integration and Structural Remedies 1 Panel Discussion 2 Working Papers - Mark Armstrong, Donald Baker, Eleanor Fox, Barry Hawk, Colin Long, Michael Reynolds, Alexander Schaub, Klaus-Dieter Scheurle, Mario Siragusa Panel Three: Institutions and Competence 1 Panel Discussion 2 Working Papers - Ulrich Immenga, Stuart Brotman, Ian Forrester, Frederic Jenny, Bruno Lasserre, Santiago Martinez Lage and Helmut Brokelmann, James Rill, Mary Jean Fell, Richard Park and Sarah Bauers, Giuseppe Tesauro, Robert Verrue, Peter Waters, David Stewart and Andrew Simpson, Dieter Wolf, Dimitri Ypsilanti Afterword - Louisa Gosling
Recoge: 1. Substantive remedies - 2. Procesural issues - 3. Arbitration courts - 4. Criminal sanctions.
The materials of a 2000 debate on the proposals made by the European Commission for the reform and decentralisation of EC antitrust enforcement.
The European Competition Law Annual 1999 is fourth in a series of volumes including the materials of the annual Workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The present volume contains the contributions and commentaries of a group of senior EU policy-makers,renowned academics and international legal experts on the subject of State Aid control - a unique and complex feature of EU competition policy, usually little explored and understood. The contributors concentrated on the aspects of EU State Aid policy that were most contentions and challenging at the time of the fourth edition of the EUI Competition Workshop (June 1999), as following: a) the economic justifications for and effects of State Aids, b) specific problems arising in the control of State Aids in the banking sector, and c) the possibilities for a more decentralised control of State Aids in the EU.
The European Competition Law Annual 2002 is the seventh in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The volume reproduces the materials of the roundtable debate that took place at the seventh Workshop.
The European Competition Law Annual 2004 is ninth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate that took place at the ninth edition of the workshop (11-12 June 2004), which examined the relationship between competition law and the regulation of (liberal) professions. The (liberal) professions and the rules governing their functioning have become of interest for EC competition law enforcement since the early nineties, making the object of a series of Commission decisions and judgments of the European courts. The subject has gained in importance in the perspective of the recent decentralisation of EC antitrust enforcement. The regulation of (liberal) professions is also a matter of increasing concern from the perspective of freedom of services in the internal market. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some Member States, reknown international academics and legal practitioners - discussed the economic, legal and political/institutional issues that arise in the relationship between competition law and the regulation of (liberal) professions.
This is the tenth in a series of volumes based on the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate which examined the interaction between competition law and intellectual property law. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some EC Member States, reknowned international academics and legal practitioners - discussed the economic and legal issues that arise in this particular area of application of the EC competition rules, under the following headings: 1) whether the characteristics of intellectual property products/markets justify special treatment under the competition rules; 2) a critical assessment of the Block Exemption Regulation and corresponding Guidelines recently adopted in this area of EC competition law enforcement; 3) the specific enforcement issues that arise in relation to patent pools and collecting societies; and 4) specific problems related to IP in the domains of merger control and application of Article 82 EC.
This volume contains papers presented at the 17th Annual EU Competition Law and Policy Workshop, organized by Philip Lowe and Mel Marquis and held at the European University Institute on 13-14 July 2012. From a variety of angles the book explores the themes of competition, regulation and certain public policies; their interactions; and, in some cases, their mutual tensions. The authors of the various chapters consider legal and economic issues relating to network industries, industrial, environmental and trade policies, and intellectual property and innovation policies, among others. Comparative views and the views of judges from different jurisdictions are provided, and techniques for mediating among different policy objectives and frameworks are discussed. Authors contributing to this book include: Rafael Allendesalazar, Robert D Anderson, Marco Boccaccio, Ginevra Bruzzone, Cristina Caffarra, Alexandre de Streel, Ian Forrester, Douglas Ginsburg, Geert Goeteyn, Calvin Goldman, Daniel Haar, Küllike Jürimäe, Suzanne Kingston, Lars Kjølbye, Paul Lugard, Mel Marquis, Veljko Milutinovic, Giorgio Monti, Anna Caroline Müller, Rosa Perna, Anthony Pygram, Philip Lowe, Pierre Régibeau and Jon Stern.
The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.