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Liza Lovdahl Gormsen questions whether the European Commission's objective of consumer welfare over economic freedom in the marketplace is legitimate.
This book investigates whether the European Commission (EC) has the mandate to legislate on direct taxation in sovereign states and ultimately questions whether the EC’s enforcement action in recent tax ruling cases, in the area of state aid, respects the rule of law.
Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse? Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission's chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law. The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings' ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82.
A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Monti explores the development of EC competition law through an interdisciplinary approach, focusing on the political and economic considerations that affect the way the rules are interpreted. Written with competition law students in mind, it should also be of interest to undergraduate and postgraduate students of EU politics and economics.
This 3rd edition of the Competition Law Digest provides a synthesis of EU and national leading antitrust cases from 1990 to 2016. The book is structured in two parts: Part I deals with competition rules in general (cartels, unilateral practices, mergers...), whereas Part II is dedicated to specific sectors (automobile, energy, insurance, sports...). The Digest is to date the sole publication which allows lawyers, economists, in-house counsels, academics, and government officials to draw comparisons between competition case law and policies in the EU and in the Member States, and, in some instances, US antitrust law. This is an essential guide to learn about the most recent competition law trends.
This comprehensive book delves into the UK competition regime since 2000. It critically analyses the current shape of the regime, its past and development, and its future challenges. This book explores both what has gone well and what has not in the past two decades. Academics and practitioners will find this book invaluable.
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, anti-competitive agreements, cartels, mergers, and market investigations. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy to follow overview of the subject for course use. The fifth edition provides a full update for this well-established title, presenting and contextualising the impact of key cases, as well as changes to enforcement practice, and at a legislative and institutional l...
An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.
The second edition of this book provides a definitive statement of the law relating to UK merger control following the wide-ranging changes to the merger control system being introduced by the Enterprise Act, during the second half of 2003