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The Consistent Application of EU Competition Law: Substantive and Procedural Challenges

The Consistent Application of EU Competition Law: Substantive and Procedural Challenges

Author: Adriana Almasan; Peter Whelan
Publisher: Springer-Verlag
ISBN: 9783319473819
Published In: January 2017
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union. Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law.

This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and102 operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

PART I: EU COMPETITION POLICY AND THE HARMONIZED ENFORCEMENT OF ARTICLES 101 AND 102 TFEU

Chapter 1: Convergence within the European Competition Network: Legislative Harmonization and Enforcement PrioritiesDr Bogdan Chiritoiu, Faculty of Business Administration, University of Bucharest

Chapter 2: The Commission Communication on Ten Years of Antitrust Enforcement under Regulation 1/2003 - Prospective Priorities and ChallengesDr Catalin Rusu, Radboud University Nijmegen

PART II: EUROPEAN COURT OF JUSTICE JURISPRUDENCE AS AN INSTRUMENT OF HARMONIZATION

Chapter 3: Of Cattle, Crashes and Cards - Recent Case-law of the Court of Justice on Restrictions by ObjectJudge Anthony Collins, General Court of European Union

Chapter 4: The Concept of Anti-Competitive Object under EU Competition Law: Comparative Perspectives and European RealitiesDr Csongor Istvan Nagy, Szeged University

Chapter 5: Public Investments and the Application of Articles 101 and 102 TFEUDr Simona Gherghina, Faculty of Law, University of Bucharest

PART III: JURISDICTIONAL CHALLENGES TO THE CONSISTENT APPLICATION OF ARTICLES 101 AND 102 TFEU

Chapter 6: European Cartel Criminalisation and Regulation 1/2003: Avoiding Potential Problems Dr Peter Whelan, University of Leeds

Chapter 7: Regulation Brussels 1 and the Application of Articles 101 and 102 TFEU by National CourtsProfessor Jean-Marc Thouvenin, Universite de Paris Ouest Nanterre La Defense

Chapter 8: The Arbitrability of Articles 101 and 102 TFEUDr Adriana Almasan, University of Bucharest

PART IV: PRELIMINARY RULINGS - INSTRUMENTS FOR THE CONSISTENT APPLICATION OF ARTICLES 101 AND 102 TFEU

Chapter 9: The National Judge and Preliminary Rulings: Recent CJEU Case Law on Articles 101 and 102 TFEUProfessor Camelia Toader, Court of Justice of the European Union and Faculty of Law, University of Bucharest

Chapter 10: The Role of Preliminary Rulings in the Uniform Application of EU Competition LawEmeritus Professor Jules Stuyck, University of Leuven (KU Leuven), Radboud University Nijmegen

PART V: SELECTED NATIONAL APPLICATION OF ARTICLES 101 AND 102 TFEU

Chapter 11: The Uniform Application of Articles 101 and 102 TFEU in German Competition LawProfessor Bernd Oppermann, Leibnitz University of Hanover and Ahmad Chmeis, Leibnitz University of Hanover Chapter 12: Recent Developments in the Application of Articles 101 and 102 TFEU by French CourtsDr Rafael Amaro, Universite Paris Descartes - Sorbonne Paris Cite (CEDAG)

Chapter 13: Recent Developments in Romanian Jurisprudence Regarding the Application of Articles 101 and 102 TFEU Dr Sorin David, University of Bucharest

Chapter 14: Application of EU Competition Law by the Hungarian Judiciary: Cooperation with the ECJ and Relying on the Case Law of the ECtHRDr Monika Papp, University of Eotvos Lorand, Budapest Chapter 15: The Application of EU Competition Law in Poland Dr Krystyna Kowalik-Banczyk, Institute for Legal Studies, Polish Academy of Sciences