Legal professional privilege in eu antitrust enforcement. The commission is the principal enforcer of the eus competition rules. The goal of competition policy is to ensure that companies compete fairly and on equal terms. It then provides an overview of articles 101 and 102 of the tfeu. Recommendations and best practices on competition law and. The eu is also at the forefront of international cooperation in the competition field to promote and propose best practice.
The eus influence on sport has traditionally focused on the socioeconomic and cultural impact. Title vii, chapter 1 of the treaty on the functioning of the european union lays down the basis for community rules on competition. In addition, the competition committee has adopted best practices. Whish and baileys competition law is the definitive textbook on this subject. Review of books on competition law and policy shaw 1999. Eu and us competition policies european parliament. Eu competition law online is an invaluable resource for competition law research. Broadly speaking, the eu competition policy toolbox includes rules on antitrust, merger control, state aid, and public undertakings and services. The purpose of competition law is to preserve free, fair and efficient competition. This research handbook on eu sports law explores the development of the european dimension in sport, and the concomitant legal issues including, competition law, state aid and free movement of persons. Please note that this website will be undergoing some updates this week.
Eu competition policy aims to protect the efficient functioning of markets from competition distortions, whether originating from member states distortive state aid, market players distortive unilateral or coordinated behaviour, or mergers that would significantly impede effective competition. European competition law annual, 1997, the objectives of competition policy. Understanding competition law chapter 2 cartels youtube. Current developments in eu competition policy include the modernisation of state aid rules and legislation regarding compensation for damages. In this essay, the conducts of these parties are of core concern. In this testimony i focus on the economic aspects of eu competition policy, and so discuss these procedural problems only in passing. Ensuring effective competition in the eu single market competition is essential for the proper functioning of a free market. Treaty on the functioning of the european union tfeu 3. The politics of competition policy faculty of law university of oxford. Competition law and policy in the eu and uk provides a focused guide to the main provisions and policies at issue in the eu and uk, including topics such as enforcement, abuse of dominance, anticompetitive agreements, cartels, mergers. This chapter begins with an outline of the aims of competition law. Gives a unique insiders view of eu competition law, written by current and former members of the directorate general for competition. Articles 101 and 102 of the treaty are concerned with conducts undertaken by private parties. It is now undisputed that 5g and iot will revolutionize many industries, from energy to healthcare, manufacturing, and mobility.
The dissemination of 5g cellular technology, connecting devices to the internet on the basis of technical interoperability standards, will. This unique service provides easy access to full official eu competition materials and to a leading commentary module from sweet and maxwell. European competition policy is intended to ensure free and fair competition in the european union. 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. Primarily focused on eu competition law, the journal includes within its scope key developments at the international level and also at the national eu member state level, where they provide insight on eu competition law. The antimonopoly law aml came into force in 2008 after chinese authorities spent more than a decade drafting the law and consulting with foreign competition authorities from the united states, the european union, and other jurisdictions. The antitrust branch aims at restoring competitive conditions, should improper behaviour by companies e. Behaviour in competition directive on competition law. The report draws conclusions regarding the success of eu competition law in meeting the eu policy goals and recommends for further reforms. Commission enforces eu competition rules to make eu markets work better.
Secondary legislation which includes regulations, directives and decisions are derived from the principles and objectives set out in the treaties. This is done by enforcing competition rules, namely antitrustcartels, merger control and state. The commission has embarked on a thorough overhaul of eu competition law. The eu competition rules on cartels slaughter and may. It sets out current competition policy powers at uk and eu level and considers what brexit will mean in practice in this area. Industrial policy and competition harvard university. European competition law today derives mostly from articles 101 to 109 of the treaty on the functioning of the european union tfeu, as well as a series of regulations and directives. 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. An authoritative treatment of competition law is paired with an easytofollow writing style to make this book a comprehensive guide to the subject. Elements and goals of eu competition law law european essay.
In general, the concept undertaking is euwide described as any entity engaged in an economic activity, irrespective of its legal status and the way in which it is financed. Over the last 60 years, eu competition rules have provided a solid basis for protecting competition in. Consequently, users may experience instabilities and limited functionality. The bpif is fully supportive of free and open competition. Industrial and competition policy are often seen as logical opposites. Gerber, law and competition in twentieth century europe. These recommendations and best practices are often catalysts for major change by governments.
Functioning of the european union, efficiency and nonefficiency goals. Why us antitrust law should not emulate european competition. Eu competition law the principal provisions of eu competition law are set forth in articles 101 and 102 of the treaty on the functioning of the european union tfeu, formerly articles 81 and 82 ect as stated in the annex. To this end, the cjeu has sought to maximise the application of competition law by. It then discusses the enforcement and consequences of infringement. Eu rules on competition articles 101 to 109 of the treaty on the functioning of the european union tfeu are based on 5 main principles.
Recommendations and best practices on competition law and policy. Competition is deemed to increase economic welfare allocativeefficiency prices costs productive efficiency costs dynamic efficiency investments competition rules are needed to help achieve market 7 integration through private conduct, firms can deprive customers of the benefits of market integration market partitioning agreement. Xxist report on competition policy 1991 publications office. The oecd council has adopted a number of nonbinding recommendations on competition law and policy. European union competition policy ensures that competition is not distorted in the internal market by ensuring that similar rules apply to all companies operating within in it. Is eu competition policy an obstacle to innovation and growth. Competition law may not be the most important explanation for europes relative dearth of innovation, but it deserves more attention.
There is need to rethink the fundamental goals ofno competition law in light of the digital the revolution. While hard to judge, the language of the ec rome treaty and eu enforcement policy seems to accept a larger element of. 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. The aml draws from elements of both the us and eu competition laws, though it is more closely tied. It focuses primarily on the enforcement of articles 101 and 102 tfeu by the european commission, but also touches briefly on the enforcement of eu antitrust law by the competition authorities of the eu member states addressing in particular the question whether those.
The role of competition policy as an instrument of single market integration absolutely crucial to understanding eu competition law regulates conduct of undertakings threatening the establishment of an internal market rules on free movement directed towards member states. It has the power and responsibility to investigate suspected anticompetitive conduct, to. This briefing is the first of two which look at the scottish governments new competition powers. Enforcement of eu competition policy european court of auditors. A practical reference tool that puts particular emphasis upon how law and policy apply in practice. Vigorous competition policy enforcement is still a powerful tool to serve the interests of consumers and the economy as a whole. Background paper enforcement of eu competition policy. Competition policy the uk framework and the impact of.
Eu competition policy in action publications office of the eu. It was a founding member of the international competition network icn, and partners with global and national bodies to assess possible competition breaches. Historical foundations of eu competition law oxford scholarship. Since 2009, articles 101109 of the treaty on the functioning of the european union t feu form the legal basis of eu competition law. More detailed legal provisions are laid down in various commission regulations and directives. It focuses primarily on the enforcement of articles 101 and 102 tfeu by the european commission, but also touches briefly on the enforcement of eu antitrust law by the competition authorities of the eu member states addressing in particular the question whether those eu. This chapter will present specifi c cases where competition laws have been applied to the health sector, providing a basis for analysis of the current state of eu law and the indications for the road ahead. The effect of competition law and policy on market dynamics duration. Competition policy played a central role in the development of the european union and its institutions.
This paper discusses the law, policy and procedure of legal professional privilege in eu antitrust enforcement. As far as eu competition law is concerned, the relevant provision is article 101 tfeu. Elements and goals of eu competition law the eu competition law deals with cartels, mergers, anticompetitive agreements and abuses of a dominant position, state intervention as well as the enforcement of. Cartels, or control of collusion and other anticompetitive practices, under article 101 tfeu. This chapter examines the two core competition rules that govern anticompetitive agreements article 101 tfeu and abuse of a dominant position article 102 tfeu. This is followed by discussions of the application and enforcement of eu competition law, and merger control. Jun 28, 2000 competition is deemed to increase economic welfare allocativeefficiency prices costs productive efficiency costs dynamic efficiency investments competition rules are needed to help achieve market 7 integration through private conduct, firms can deprive customers of the benefits of market integration market partitioning agreement. In order to answer the normative questions of what the objectives of eu competition law should be and what. The european commissions procedures for enforcing competition law are inadequate and do not match. With a staff of around 900, the bulk of dg comp activity is investigating and taking action against. Competition policy fact sheets on the european union.193 1016 1025 415 1210 981 283 192 1448 1256 1221 1052 55 938 254 1195 450 1500 1217 1263 947 892 37 1382 1485 941 1464 1438 251 1179 427 965 1055 1016 1351 961 654 1380 960 448 1326 197 558 1024 1422 1140 101 1068