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The Transformation of EU Competition Law: Next Generation Issues

Edited by: Adina Claici, Assimkis Komninos, Denis Waelbroeck

ISBN13: 9789403500966
Published: May 2023
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £116.00



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The Transformation of EU Competition Law is a compendium 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 by reviewing the current situation. The controversy surrounding EU competition rules has multiplied lately. 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.

What’s in this book:

Drawing on the presentations at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges, this book brings together contributions by prominent practitioners and academics, officials of the European Commission, representatives of national competition authorities, and EU Court judges.

They address the following salient issues:

  • free competition versus ‘regulated competition’ as alternative or complementary models
  • new methods for the identification of consumer harm and benefits
  • sui generis competition law regimes for specific sectors
  • State aid enforcement and crisis management, and
  • the green and digital objectives and their legal and political implications

How this will help you:

The essays deliver a comprehensive treatment of the EU Courts’ jurisprudence and the literature in the field. They discuss the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe for practitioners, policymakers and academics working with competition law.

Subjects:
Competition Law
Contents:
Introduction: Speech by Margrethe Vestager, Executive Vice-President of the European Commission
CHAPTER 1. The Effects-Based Approach: Still Just as Necessary for an Effective and Coherent EU Competition Policy
Luc Peeperkorn
CHAPTER 2. Towards a Fourth Paradigm in European Competition Policy? A Historical Perspective (1957-2022)
Laurent Warlouzet
CHAPTER 3. The Genesis and Main Features of the Digital Markets Act
Inge Bernaerts
CHAPTER 4. The New Drive Towards ‘Economic Sovereignty’ in Europe: What Changes for Competition Policy?
Isabelle de Silva
CHAPTER 5. Neoclassical Competition Policy Without Apology
Jorge Padilla
CHAPTER 6. Challenges of Decentralisation of Competition Law Enforcement: A Retrospective Overview in Case Law
Krystyna Kowalik-Banczyk
CHAPTER 7. Article 3 of Regulation 1/2003 and the Doctrine of Pre-emption
Miguel Mota Delgado & Nicolas Petit
CHAPTER 8. Experimentalist Governance in EU Antitrust: Possibilities and Limitations
Giorgio Monti
CHAPTER 9. Is the Effects-Based Approach Too Cumbersome?: Taking Stock of Recent Practice and Case Law on Article 102 TFEU
Fernando Castillo de la Torre
CHAPTER 10. The Consumer Welfare Standard: A ‘Problem’ to Fix in EU Competition Law?
Assimakis Komninos
CHAPTER 11. The Role of the EU Courts in Competition Cases: A View from the Bar
Alfonso Lamadrid de Pablo
CHAPTER 12. Rethinking the Preliminary Reference Procedure
Marc van der Woude
CHAPTER 13. Competition Law and the New Regulatory Landscape: What Lies Ahead?
Cani Fernández & Adriana Meijide
CHAPTER 14. The New Normal: State Aid Policy from Financial Crisis to COVID-19 Pandemic and Beyond
Ina Lunneryd
CHAPTER 15. Should We Adapt the Centralised Enforcement System in the New Era?
Jacques Derenne