Competition Policy in the EU: Fifty Years on from the Treaty by Xavier Vives

By Xavier Vives

A quantity that takes inventory and appears forward at the improvement and implementation of festival coverage within the ecu Union fifty years after the Treaty of Rome. festival coverage has emerged as a key coverage within the ecu with festival performing because the driver for monetary potency and the welfare of voters. Case legislations has been demonstrated to manage and stop anti-competitve habit, kingdom relief keep watch over has consolidated and developed in the direction of a extra financial process, and the authority of the EC and the judicial assessment of the court docket of the 1st example (CFI) and the ecu courtroom of Justice (ECJ) are firmly etsablished. The ebook presents an fiscal method of pageant coverage and displays the most components of curiosity, open concerns and growth within the zone. the amount examines the layout of festival coverage associations, the evolution of the implementation of festival coverage and its convergence or divergence with US perform, restrictive practices, cartels, abuse of dominance, merger keep an eye on and kingdom aids. the quantity additionally analyses the interplay of pageant coverage and legislation, and experiences its program to telecoms, banking and effort sectors. All chapters are written via leadfing experts combining theoretical with useful wisdom and discussing the underpinings of the applying of legislation.

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Extra resources for Competition Policy in the EU: Fifty Years on from the Treaty of Rome

Example text

ON was cleared by the European Commission. The author goes on to assess the impact of liberalization showing that there is still a wide variation among European Union countries. A more recent tool that the European Commission has used is a sector inquiry on the gas and electricity industries where several concerns of lack of competition and market integration have been expressed. This inquiry has led to open investigations of suspected abuse of dominant position and to the formulation of a legislative package proposing: the full ownership unbundling of transmission systems or setting an independent system operator; the strengthening of national regulators; and the formation of an EU agency of energy regulators.

The Notice on cooperation with national courts clarified the procedural context in which national judges operate. The Notice on complaints gave explanations on the Commission’s assessment of complaints in the antitrust field and the procedures applicable. The Notice on guidance letters provided details on when and how the Commission will give guidance to undertakings in writing where a genuinely novel question concerning Article 81 or 82 EC arises. The Notice on effect on trade explains the application of this jurisdictional criterion determining the reach of Articles 81 and 82 EC, and establishes presumptions when the criterion is not met.

A big question is the consistency between competition policy and sector regulation. This is particularly important for activities which are subject to both. At the national level, sector-specific regulation has precluded in practice the application of competition law in the past (in the United States this is the case after the Trinko decision by the Supreme Court). But the European Commission (and national competition authorities) can intervene when a contradiction between national regulation and the competition provisions in the European Union Treaty are found.

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