The programme aims to provide you with an understanding of the increasingly important role that economics plays in competition law and an understanding of when economic analysis is relevant to a particular competition law case. Annex 2 sets out some recent examples of fines imposed by the european commission and the cma. A new feature of the second edition is a roundtable where the presidents of the italian, french, luxembourg, spanish and basque competition. The political economy of antitrust enforcement under a. Economic analysis and competition policy enforcement in europe. A comparative perspective and collections to check out.
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. European union eu competition law consists of two core rules in the treaty on the functioning of the european union tfeu. Completing this rigorous programme will give you an edge in a competitive job market. The academic program is designed to cover both substantive and procedural aspects of eu competition law with. In recent years, the european commission has conducted an almost complete overhaul of state aid. Competition law has formed an important area of european law since the establishment of the european union. The law and economics of buyer power in eu competition policy. Entrepreneurship and the eu competition law deterrence. Implications of ecommerce for competition policy background note unclassified eu, highlighted the growing importance of ecommerce within the retail sector, but also the potential competition concerns that this may generate. Eu competition law and economics request pdf researchgate. Behaviour in competition directive on competition law. Damien geradin, george mason university school of law. The contribution is set in the wider framework of this special issue on the shape of the european social market economy. However, the enforcement of eu competition law relies to a great extent on national courts and tribunals which are faced with ever increasing challenging responsibility given the dynamic nature of this area of law.
Drivers of economic growth and development, oecd, 2015 4. Rationale behind the economic continuity principle. Eu competition rules also apply to conduct or agreements concluded outside the union if they have effects within the internal market. Pluralist tradition of european competition law comment. Academic year 20142015 brussels school of competition. Jun 28, 2000 eu competition rules applies to undertakings any entity engaged in economic activity, regardless of the legal wide coverage corporations, stateowned companies, public the who 12 status of the entity and the way in which it is financed c4190 any activity consisting in offering goods and services on a market is.
Law and economics thoroughly explores the main rationales of state aid control, the main policy concerns and the various tradeoffs that underlie the rules and the decisions taken by the european commission and the courts. Economic theories of harm for horizontal cooperation and collusion 2. Organisation for economic cooperation and development daf. Centre for law, economics and society ucl discovery. The fact that economics has become more important in eu antitrust policy and practice.
Chapter g is concerned with the economics of merger control in the eu. In europe, it is a major contributor to the development of the single market and to economic. Finally, it is worth noting that eu competition law applies to all the member states as well as to other countries that form the european economic. European competition law as illustrations of points of tension between the economic interpretation of competition law and wider societal concerns. May 01, 2015 in particular, considering the assumption that the notion of consumer welfare in eu competition law is borrowed from economics, the article will attempt to verify to what extent consumer welfare coincides with the notion of consumer surplus in economics.
Horizontal v vertical search engines background to the european commission s investigation market definition dominance. The latest frontier of the efd under eu competition law is the use of. The implementation of competition rules is a core european policy. Union and the european commission have developed the core goals of eu competition law in a consistent manner, utilising economic analysis to optimise intervention within the boundaries set by the treaty provisions. This option, which is often presented as an exception to the principle of personal responsibility, is subject to narrow limits set by the eu courts.
Postgraduate diplomamasters in economics for competition law. George mason university law and economics research paper series. In fact, it is common for competition lawyers practicing in first world countries to take graduate courses in economics just to remain relevant. A normative perspective on the objectives of eu competition law most discussions on the goals of competition law take a normative perspective, based. Free services often delight users, yet also create a series of challenges for competition policy, including impeding entry, inviting overproduction on quality, and increasing the risk of deception and overpayment. An introduction to the competition law and economics of. Competition policy fact sheets on the european union. The objective of article 81 is to protect competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources. When setting the amount of the fine, the european commission considers the impact and severity of the violation. Market integration has been one of the major drivers 14of eu competition law since its inception, advancing political and economic goals,15 and affecting the level and nature of competition. Economic evidence in eu competition law february 2016.
The evolution of parental liability in eu competition law although parental liability in eu competition law has attracted academic attention only in the past ten years or so, it is hardly a recent phenomenon. The result is an indispensable tool for anyone interested in eu competition law. Pdf the competition law of the european economic community. Right here, we have countless ebook european competition law and economics. Impact of eu competition law on public and private decisionmakers 1. In 2009, he worked as a researcher at utrecht university in the area of public economic law. Market definitions, market power, theories of harm and efficiencies the law and economics of horizontal cooperation agreements and cartels 1.
First, the relevance of economic approaches depends on the goals. European court of justice in a high profile competition law case and ii oral hearing before a national court pleading an action for antitrust damages complex antitrust litigation. Click get books and find your favorite books in the online library. The academic program is designed to cover both substantive and procedural aspects of eu competition law. Scholarly interest in eu competition policy derives from its at the locationintersection between law and economics, which brings together a suite of contrasting concepts and methods to make markets work better. This advanced course combines academic studies with a pragmatic approach to the application of competition rules. Pdf the origins of european competition law ilker girit. These policies have to be supplemented by competition law and. Differentiated treatment in platformto business relations. The summer school offers a unique opportunity to analyze and study eu competition law and economics at an advanced level. Unfortunately, law and economics scholarship that is practical and focused on problems from the courtroom is scarce.
On the contrary, pursuant to the modernisation of eu competition law, eu competition policy has increasingly relied on an economics oriented approach in which. The european commissions revised draft horizontal guidelines have provided some. Goals of competition law what do we want to protect with the competition law notice on the application of 10. The nucleus of eu competition law rules aimed primarily at undertakings. Economics in competition law and practice, the role of. In fact, parent companies have been held responsible for. Furthermore, any agreement violating eu competition law is automatically void. Finally, it is worth noting that eu competition law applies to all the member states as well as to other countries that form the european economic area. Pdf the%20harmonizatio%20of%20competition%20policies%20amongs%2. Article 85 of the treaty of rome,1 which prohibits agreements that distort competition and, accordingly, agreements that fix prices, is roughly comparable to section 1 of the us sherman act us code, vol. Jan 16, 2019 the economic constitution captures the economic foundation of european integration as based on the market mechanism. Rethinking competition law within the european economic. May 16, 2012 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 case law of the european court of justice.
It combines the legal experience of experts and judges in several european countries and the rigor of economics. This paper is available on the social science research network. Differentiated treatment is a key focus in current competition investigations of the european commission and national competition authorities, ranging from more prominent placement of ones own services in a ranking to preferential. Key economic concepts for the competition lawyer in litigation. The study seeks to map out key policy issues that should be addressed for successfully implementing or strengthening competition law regimes in the partner countries. The european commission may impose fines up to 10% of the annual worldwide respective group turnover of the undertakings involved. Competition law developed in a fairly formalistic manner, and there were many more rules of a legalistic nature than is the case today. The positive economic effects of eu competition policy 1.
Create free account to access unlimited books, fast download and ads free. In modern antitrust litigation, soundness of economic methods used by national competition authorities in. Competition law and regional economic integration isbn. On the national level, european competition law provisions must be applied fully and conjointly with the national provisions as soon as there is an interstate effect. The change in the practice of european competition policy is all about the way in which economic principles and economic evidence are brought to bear in the context of decision making. Since the european commission s 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 economics and antitrust in europe european. Seminar on european competition law for national judges competition economics budapest, hungary 1011 may 2019 seminar objectives economic concepts and analysis have taken a fundamental place in the field of competition law over the years. Many of the largest and most successful businesses today rely on providing service at no charge to at least a portion of their users. Eu competition law and economic dependence inge graef abstract. More economics does not necessarily imply better competition law. A notable characteristic of eu competition law is its role in safeguarding the integration of the european market. Request pdf eu competition law and economics this is the first eu competition law treatise that fully integrates economic reasoning in its. Eu competition law to a legal entity who has not committed the infringement.
The program is addressed to inhouse counsels, lawyers, economists, officials of competition authorities, judges, academics and journalists. For more information and understanding of allocative inefficiency caused by cartels and abuse of dominance please see chapter 1 of global antitrust law and economics by einerelhauge and damien geradinby thomson reutersfoundation press, 2011, new york usa 5. The role and scope of modern economic analysis in competition policy in. Article 85 of the treaty of rome,1 which prohibits agreements that distort competition and, accordingly, agreements that fix prices, is roughly. The law and economics of buyer power in eu competition. On the surface, there appears to be much in common between competition law in the united states and competition law in the european union. An introduction to the competition law and economics of free. Rewriting european competition law from an economic perspective. The remainder of this paper will expose the economics foundations underpinning competition law. Entrepreneurship and the eu competition law deterrence paradox prepared for the 6th annual acle competition and regulation meeting, 22 nd april 2010, amsterdam, the netherlands, work in progress patricija kotnik and mitja kova c university of ljubljana, faculty of economics. I argue that the debate should refocus on the core issue of the adequate institutional framework, by employing the tool of comparative institutional analysis iv. Differentiated treatment is a key focus in current competition investigations of the european commission and national competition authorities, ranging from more prominent placement of ones own. Fourth edition trento summer school on advanced eu.
The course offers a unique opportunity to analyse and study eu competition law and economics at an advanced level. This article discusses the goal of eu competition law, which consists of three. First, relationships between competition law enforcement and economics began long before the 1950s. Ii key competition goals and values this section outlines the key goals and values of european competition law its unique dna. As hovenkamp 1985 underlined, economic theory had irrigated. A first part will provide a highlevel overview of how competition law approaches ip licensing. The more economic approach to european competition law. The contribution asks whether the change towards a more economic approach to competition law implies an alienation of competition law from societal challenges. The law and economics of european competition policy. Revisiting parental liability in eu competition law. The competition law of the european economic community. The more economic approach in european competition law. In the early days of competition law in the eu the role of economics was not particularly strongly emphasised. The outbreak of the coronavirusand the responses of governments and businesses to combat the medical and economic crisis it entailsraise a number of urgent questions, many of which concern european economic law, i.
Dimensions of competition price, quality, innovation. Jul 04, 2020 the elusive test for unfair excessive pricing under eu law. Download full the competition law of the european economic community book or read online anytime anywhere, available in pdf, epub and kindle. 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. European competition law witnesses an increased use of economics. He has published in the field of competition policy, public finance and european his research specifically law. Public and private enforcement of competition law a. The advanced course combines academic studies with a pragmatic approach to the application of competition rules. Second edition trento summer school on advanced eu. If the judgment cannot be interpreted as an implementation of an effectsbased approach, since this was a request for a preliminary ruling concerning the.
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