The transformations induced by the process of "modernisation", including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.

The Notion of Restriction of Competition - Revisiting the Foundations of Antitrust Enforcement in Europe

This book reviews the first ten years of implementation of Regulation No. 1/2003, with the aim of identifying what has and has not worked at NCA and national court level.

10 Years of Regulation 1/2003: Challenges and Reform

Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes. A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful. A "relaxed" stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal periods. It has also been argued that, when public resources are stretched to the limit and businesses are struggling to survive, competition authorities should seek to focus their limited resources on those anticompetitive practices which are most detrimental to consumer welfare such as cartels. Indeed, if over-enforcement is perhaps undesirable when the economy is functioning well, it will inevitably become more problematic during an economic downturn. In addition, business managers may be increasingly tempted to resort to anticompetitive practices when faced with economic hardship. This book will appeal to judges and lawyers in competition law, European law, business/corporate law and insolvency law ; the study of European competition law, European institutions, national competition authorities, and companies.

Competition Law in times of Economic Crisis: in Need of Adjustment? - GCLC Annual Conference Series

Twenty years have gone by since the establishment of the General Court of the European Union (EU). Against the wealth of judgments that have been handed down in this time, this book provides a thorough analysis of the system ofjudicial review in competition law cases. The book compiles a series of studies and commentaries prepared by high-profile academics, judges, public officiais, and practitioners for the Sixth Annual Conference of the Global Competition Law Centre (GCLC), a research tenter of the College of Europe. A broad range of issues relating to the European Courts' case-law on the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union ("TFEU"), the EU Merger Regulation ("EUMR") and the State aid rules are examined. Topics covered include, in particular, the effectiveness of the EU judicial review system, procedural issues, standing, the Court's unlimited jurisdiction vis-à-vis the imposition of fines, the protection of fundamental rights, challenges raised by expert economic evidence, and the pros and cons of specialist competition tribunats. The objective of the current volume of the GCLC Annual Conference Series isto provide further impetus to the lively debates currently taking place amongst academics, policy makers and practitioners on the role of the judicature in competition law cases. Besides the valuable information that it contains on past and current judicial practice of the EU Courts, this book also provides thoughts on the future of the EU competition judicature.Thus, it will be of primary interest to EU competition lawyers, to EU judges, and European Commission officiais alike.

The Role of the Court of Justice of the European Union in Competition Law Cases - GCLC Annual Conference Series

The adoption of Regulation 1/2003 marked a new era in EU competition enforcement. Since its entry into force, the work of practitioners has radically changed, the Commission's priorities have shifted towards cartels and high profile abuse of dominance cases, notifications have been abolished and new, negotiated, procedures such as settlements, have been introduced. Moreover, the relationship between national and European law has become more complex, the number of stakeholders has increased rapidly and private enforcement has slowly, but relentlessly, taken momentum. The purpose of the present book is to contribute in a timely manner to the Commission's own assessment of possible needs for the reform of Regulation 1/2003. Taking stock of five years of experience under Regulation 1, this book examines the problems that arose from its implementation and formulates public policy recommendations, advocating for future reform in the field. To this end, this book contains the reports prepared ahead of the 2009 Annual Conference of the Global Competition Law Centre (GCLC) on the review of Regulation 1. Those report, which were drafted by more than 60 lawyers from both private practice and academia, are followed by the comments of Commission officiais.

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