Ordo and european competition law flavio felice and massimiliano vatiero1 abstract. The amount of resources that dg comp mobilizes for economic analysis can also be roughly assessed. Economics for competition law course by distance learning. Some reflections on the question of the goals of eu. In my earlier research 1997 i have found that at eu level these two policies are in principle compatible if industrial policy is defined as promoting structural reform. Eu competition law rules applicable to antitrust enforcement. This is the first eu competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the european commission and the caselaw of the european court of justice. First, relationships between competition law enforcement and economics began long before the 1950s. It promotes the maintenance of competition within the european single market by regulating anticompetitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society european competition law today derives mostly from articles 101 to 109 of the. European competition law witnesses an increased use of economics. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue.
The second chapter goes on to explore the economics foundations of eu competition law. Competition law is implemented through public and private enforcement. During the past decade, private enforcement of competition law has slowly taken off in europe. Pdf the concept of abuse in eu competition law law and. Industrial and competition policy are often seen as logical opposites. Ebook online the concept of abuse in eu competition law. This is europe economics final report on eu loan syndication and its impact on competition in credit markets. This glossary of industrial organisation economics and competition law has been commissioned by the directorate for financial, fiscal and enterprise affairs in the framework of the centres work programme, to assist officials, academics and policy makers in the reforming central and eastern european. Is eu competition policy an obstacle to innovation and growth. How to download eu competition law and economics pdf. It retraces the development and critical junctures of competition law not only at the level of the european economic community but also at the level of major member states of the eec. Shedding new light on the foundations of european competition law, this book is a legal and historical study of the emerging law and its evolution through the 1980s. Mar 01, 2012 the rising influence of economics in competition law enforcement is beyond question.
Articles 101 and 102 tfeu are primarily enforced by the european commission and the competition agencies of the 28 eu member states. Almost two decades after the arrival of the more economics based approach to eu competition law, this economic school of thought, the. Home to the european commission and a key meeting place for national competition authorities, it also serves as the european headquarters for major belgian and international businesses, law firms and economic consultancies. Fox on the surface, there appears to be much in common between competition law in the united states and competition law in the european union.
Whish and baileys competition law is the definitive textbook on this subject. What follows then is an constructedin treatment of each of the core substantive areas of eu rivals regulation, along with article 100 and one tfeu, article 102 tfeu, mergers, cartels and totally different horizontal agreements and vertical restraints. Max planck institute for innovation and competition research paper no. Historical foundations of eu competition law oxford. This research was undertaken for dg competition of. Competition policy is at a crossroads on both sides of the atlantic. The bsc aims to capitalize on this wealth of competition expertise to offer a specialised study programme in eu. Both competition law and intellectual property rights are designed to promote innovation and economic efficiency. Eu competition law goals and the digital economy ariel ezrachi introduction the digital economy forms a central driver to future prosperity delivering waves of innovation, efficiencies and consumer welfare.
Our clients benefit from the deep experience of our group in each of the major areas of antitrust and competition law and consumer protection. Postgraduate diploma in eu competition law course home. Eu competition law and economics by damien geradin, anne. Such laws, regulations and standards include the ec competition law and. Competition policy in the european union and the united. But they pull in different directions, at least superficially. This is the first eu competition law treatise to fully integrate economic reasoning in its treatment of european commission decisions and the case law of the european court of justice. By virtue of the depth of its analysis and the comprehensive empirical work that forms its foundation, the book provides a. R urban, rural, regional, real estate, and transportation economics. It is commonly assumed, even among wellinformed lawyers and economists, that european competition law is an emulation of the us antitrust law because of american influence on european political and economic debates after the wwii. Exploitative conducts under eu competition law the cjeu case law 8. Damien geradin, anne laynefarrar, and nicolas petit.
Competition law and economics through case studies european. By taking both disciplines into account, it enables readers to understand competition issues. Economic evidence in eu competition law edited by kovac mitja. The role of economic analysis in eu competition law. This programme is aimed at competition lawyers, both inhouse and in private practice, and economists who may be new. This is the first eu competition law treatise to fully integrate economic reasoning in its treatment of european commission decisions and the caselaw of the european court of justice. Pablo ibanez colomo, an eu competition law expert from the london school of economics, points. In previous years it has been known as trade practices law. As hovenkamp 1985 underlined, economic theory had irrigated antitrust debates at least since the thirties with, for example, the monopolistic competition school during the new deal or the workable competition theory due to clark 1940. Article 85 of the treaty of rome,1 which prohibits agreements that distort competition and, accordingly, agreements that fix prices, is roughly. The program combines the academic excellence of distinguished experts with the practical experience of leading practitioners.
However, major differences still exist among member states. In many ways, the rising profile of economics is excellent news. The centre of european law at kings college london is pleased to announce details of its 20162017 distance learning programme leading to a postgraduate diplomamasters in economics for competition law, now in its tenth year. The competition assessment framework caf is flexible, and may be used in countries where competition policy has not been formally considered, as well as in countries with an existing competition law. By harmonizing a number of procedural rules, the damages directive aimed to establish a level playing field among eu member states. Private antitrust litigation is far less important in europe than in the united states. It has revolutionised business models, products, services, communications and social interactions. It promotes the maintenance of competition within the european single market by regulating anticompetitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society. Almost two decades after the arrival of the more economics based approach to eu competition law, this economic school of thought, the europe. Historical foundations of eu competition law oxford scholarship. We offer a unique possibility to learn from some of the best industrial. Impact of eu competition law on public and private decisionmakers 1. The nucleus of eu competition law rules aimed primarily at undertakings.
The algorithm determined the precise fare the passenger would pay for a trip. What follows then is an integrated treatment of each of the core substantive areas of eu competition law, including article 101 tfeu, article 102 tfeu, mergers, cartels and other horizontal agreements and vertical restraints. Even at this time, questions of crossborder enforcement dealt mainly with skirmishes over the imposition of treble damages in private us antitrust suits upon foreign firms. Download eu competition law and economics pdf ebook. This book is designed as a working tool for the study and practice of european competition law. Since the european commissions move to a more economic approach to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a. Competition policy is a complex policy field which requires knowledge of competition law and economics as well as familiarity with the framework of policy and the agencies of enforcement. The economic theories, both classical and neoclassical, demonstrate that the basis for competition law is allowing a free market to ensure that the consumers are able to receive products at a low price and other. Competition law is a law that promotes or seeks to maintain market competition by regulating anticompetitive conduct by companies. Brussels is unquestionably one of the antitrust capitals. Property rights with competition law a view from europe and the united states. Is eu competition law about economics and economic behaviour a discussion in relation to articles 101 and 102 tfeu. Postgraduate diplomamasters in economics for competition law. The normative perspective is then followed by an analysis of positive eu competition law arriving to the conclusion that the case law of the eu courts is ambiguous as to the existence of a hierarchy of objectives in eu competition law and that the drafting of the lisbon treaty opens the door to a more holistic competition law, in congruent co.
What follows then is an integrated treatment of each of the core substantive areas of eu competition law, including article 101 tfeu, article 102 tfeu, mergers, cartels and. The first eight sessesions will introduce a set of case studies where we can explore the use of economics in shaping our understanding of the relevant legal doctrines. This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in eu competition law. Competition law is known as antitrust law in the united states for historical reasons, and as antimonopoly law in china and russia. It will commence on 1st october 2020 and will extend over eight months leading to an examination in may 2021. So far, parent company liability under the single economic entity doctrine in eu competition law has been a matter of fines. Competition law journal is a quarterly journal written by leading practitioners, academics and others with a professional interest in competition law in the uk and eu. The positive economic effects of eu competition policy 1.
Request pdf eu competition law and economics this is the first eu competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the european. More economics does not necessarily imply better competition law. The distance learning postgraduate diploma in eu competition law consists of three modules containing twelve units. There are currently 83 professionals with a background in economics at dg comp38 and 184 with a background in law hence roughly a ratio of 1 to 2. World competition aims to examine all aspects of competition policy from, primarily, a legal perspective, but also from an economic point of view. The rising influence of economics in competition law enforcement is beyond question. This sixth edition focuses on article 101 tfeu, article 102 tfeu and the european merger regulation. As regards article 102, some experts criticise article 102c, which indicates that an abuse of a dominant position may consist in placing other parties at a competitive disadvantage.
The aim of this seminar is to consider the integration of law and economics in the development of competition law norms in the eu. Legal blog, on competition law and economics, tracks trends and provides unique analysis on antitrust and business events in the global marketplace. The role of economic analysis in eu competition law wolters. Apr 21, 2016 ebook online the concept of abuse in eu competition law. I doubt that in 1975 even the most ardent enthusiast for competition law imagined what. Almost two decades after the arrival of the more economics based approach to eu competition law, this economic school of thought, the european school. The shaping of eu competition law is one of the most profound works on the interplay between the institutional and the substantive dimensions of eu competition law. It includes contributions on the use of the economic approach in the application and enforcement of eu competition law in different eu countries, candidate member states and third countries. We complemented this with desktop research, with one of our main research tools being the thomson reuters loan connector database which incorporates the deal scan database. European competition law is the competition law in use within the european union.
All journal articles featured in european competition journal vol 15 issue 23. The role of economic analysis in eu competition law, fourth edtion in its revised and updated fourth edition, explores the full spectrum of the development of european economic approach in competition law. The luxembourg competition authority recently handed down a decision that found an appbased taxi booking system, webtaxi, was not a hardcore violation of the relevant competition law banning price fixing. Whilst its primary focus is on all aspects of uk competition law, from a legal, economic and or policy perspective, it also publishes articles on eu and international competition. Eu competition law and economics oxford university press. The role of economic analysis in eu competition law, in its revised and updated fourth edition, explores the full spectrum of the development of european economic approach in competition law. This essay has examined eu competition law to determine whether the role of economics or law is prevailing in its application. Eu competition law and economics damien geradin, anne laynefarrar, and nicolas petit. Competition law and economics through case studies. Feb 27, 2020 all journal articles featured in european competition journal vol 15 issue 23. Competition economics and antitrust in europe request pdf. Our executive education program in competition law and economics is aimed at professionals lawyers, business people, economists and academics, who wish to develop stateoftheart skills in the growing.
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