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Competition Law in times of Economic Crisis : in Need of Adjustment ?
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 business...
Some Critical Comments on the Report of the Global Competition Law Centre on the Directly Applicable Exception System and the Direct Applicability of Article 81 (3) EC
This brief text is based on the commentary delivered by the authors at the 5th Annual Conference of the Global Competition Law Centre: The Commission's review of regulation 1/2003. (Brussels, 11 June 2009). The organisers of the conference invited the authors to take the role of "discussant" and panel member, respectively, and to examine critically the extensive draft report prepared by a group of lawyers and scholars coordinated by Bernard van de Walle de Ghelcke, entitled "The directly applicable exception system and the direct applicability of article 81(3) EC: positive enforcement and legal certainty". Apart from minor editing (typos and addition of footnotes) the paper retains the forma...
The Role of the Court of Justice of the European Union in Competition Law Cases
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"), t...
Remedies in EU Competition Law
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition la...
The Transformation of EU Competition Law: Next Generation Issues
The controversy surrounding EU competition rules has grown in recent years. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels. This volume takes stock of the current situation, assessing the successes and failures of the prevailing ‘modernisation’ policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world. The book’s contributions are based on papers delivered at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges. The author...
Ten years of effects- Based approach in EU competition law
One of the key components of the modernization of competition rules has been a radical departure from the previous «form-based» enforcement to a so-called «effects-based» approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre (“GCLC”). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is no...
Modernisation and Enlargement
This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competi...
