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

ISBN-13: 9783319473819 / Angielski / Twarda / 2017 / 285 str.

Adriana Alm; Peter Whelan

Opis

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 (TFEU). 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 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU 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.

Spis treści

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 Priorities

Dr Bogdan Chirițoiu, 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 Challenges

Dr Cătălin 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 Object

Judge Anthony Collins, General Court of European Union 

Chapter 4: The Concept of Anti-Competitive Object under EU Competition Law: Comparative Perspectives and European Realities

Dr Csongor István Nagy, Szeged University

Chapter 5: Public Investments and the Application of Articles 101 and 102 TFEU

Dr 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 Courts

Professor Jean-Marc Thouvenin, Université de Paris Ouest Nanterre La Défense 

Chapter 8: The Arbitrability of Articles 101 and 102 TFEU

Dr Adriana Almășan, University of Bucharest

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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 TFEU

Professor 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 Law

Emeritus 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 Law

Professor 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 Courts

Dr Rafael Amaro, Université Paris Descartes – Sorbonne Paris Cité (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 ECtHR

Dr Mónika Papp, University of Eötvös Loránd, Budapest 

Chapter 15: The Application of EU Competition Law in Poland  

Dr Krystyna Kowalik-Bańczyk, Institute for Legal Studies, Polish Academy of Sciences

Dr Adriana Almășan

Adriana Almășan is an Associate Professor of Law and a former Vice-Dean responsible with international relations at the University of Bucharest, Faculty of Law. She teaches in various areas of Competition Law and Civil Law (Civil Obligations, Dynamics of Civil Obligations, Property Law, Property Legal Protection and Secured Transactions and Contract Negotiation). She has introduced in the scholar curricula several new subjects, such as Advanced Competition Law for the Master in Public Acquisitions, Concessions and Public-Private Partnership, and as well as Contract Negotiation at the Master of Business Law (for the first time in a faculty of law in Romania). She is member of the panel of arbitrators with the Romanian Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania. She is author and co-author of several books and articles on civil law, contract negotiation and competition law. She practices law, currently as Managing Partner and coordinator of competition law and contract law practice of Law Office ‘Doru Traila, Silviu Stratulat, Adriana Almășan, Andrei Albulescu, TSAA-Attorneys at Law’. She is a member of the Bucharest Bar Association, with her main practice involving assistance and representation in competition law (antitrust cases, M&A and State aid cases), contract and business negotiation. She has been Senior European Union Expert on competition law and she is the co-founder and co-director of the ‘Centre for Competition Law Studies’, established by the Faculty of Law, University of Bucharest, in cooperation with the Romanian Competition Council.  She is the editor of the private law section of the ‘Judicial Courier’, a law review issued by C. H. Beck Publishing House, and sits on the scientific board of Romanian Competition Review, edited by the Romanian Competition Council.

Dr Peter Whelan

Dr Peter Whelan is an Associate Professor in Law at the School of Law, University of Leeds, where he is the Deputy Director of the Centre for Criminal Justice Studies. He has degrees in law from Trinity College Dublin and a PhD in Law from St John's College, University of Cambridge. A qualified US Attorney-at-Law, and a member of the New State Bar, Peter is an expert in competition law and criminal law. He sits on the Editorial Boards of five law journals and has published widely in specialist competition law journals, as well as in generalist law journals (including Oxford Journal of Legal Studies, Cambridge Law Journal and Modern Law Review). He has provided oral evidence on cartel criminalization to the New Zealand Parliament and recently delivered a commissioned report to the Finnish Ministry of Justice advising it on the desirability of introducing criminal cartel sanctions in Finland. He has provided training in competition law to a variety of judges from different levels of the Romanian judicial system and was a Visiting Professor at the Institute of International Trade and Law in Moscow, Russia. He has used his research and expertise on cartel criminalisation to advise practising lawyers on criminal investigations affecting their clients. Peter is currently the Managing Editor of Oxford Competition Law (operated by Oxford University Press) and sits on the Council of the Society of Legal Scholars. He recently published a monograph with Oxford University Press on the criminalization of European cartel enforcement.

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 (TFEU). 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 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU 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.

O autorze

Dr Adriana Almășan

Adriana Almășan is an Associate Professor of Law and a former Vice-Dean responsible with international relations at the University of Bucharest, Faculty of Law. She teaches in various areas of Competition Law and Civil Law (Civil Obligations, Dynamics of Civil Obligations, Property Law, Property Legal Protection and Secured Transactions and Contract Negotiation). She has introduced in the scholar curricula several new subjects, such as Advanced Competition Law for the Master in Public Acquisitions, Concessions and Public-Private Partnership, and as well as Contract Negotiation at the Master of Business Law (for the first time in a faculty of law in Romania). She is member of the panel of arbitrators with the Romanian Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania. She is author and co-author of several books and articles on civil law, contract negotiation and competition law. She practices law, currently as Managing Partner and coordinator of competition law and contract law practice of Law Office ‘Doru Traila, Silviu Stratulat, Adriana Almășan, Andrei Albulescu, TSAA-Attorneys at Law’. She is a member of the Bucharest Bar Association, with her main practice involving assistance and representation in competition law (antitrust cases, M&A and State aid cases), contract and business negotiation. She has been Senior European Union Expert on competition law and she is the co-founder and co-director of the ‘Centre for Competition Law Studies’, established by the Faculty of Law, University of Bucharest, in cooperation with the Romanian Competition Council.  She is the editor of the private law section of the ‘Judicial Courier’, a law review issued by C. H. Beck Publishing House, and sits on the scientific board of Romanian Competition Review, edited by the Romanian Competition Council.

Dr Peter Whelan

Dr Peter Whelan is an Associate Professor in Law at the School of Law, University of Leeds, where he is the Deputy Director of the Centre for Criminal Justice Studies. He has degrees in law from Trinity College Dublin and a PhD in Law from St John's College, University of Cambridge. A qualified US Attorney-at-Law, and a member of the New State Bar, Peter is an expert in competition law and criminal law. He sits on the Editorial Boards of five law journals and has published widely in specialist competition law journals, as well as in generalist law journals (including Oxford Journal of Legal Studies, Cambridge Law Journal and Modern Law Review). He has provided oral evidence on cartel criminalization to the New Zealand Parliament and recently delivered a commissioned report to the Finnish Ministry of Justice advising it on the desirability of introducing criminal cartel sanctions in Finland. He has provided training in competition law to a variety of judges from different levels of the Romanian judicial system and was a Visiting Professor at the Institute of International Trade and Law in Moscow, Russia. He has used his research and expertise on cartel criminalisation to advise practising lawyers on criminal investigations affecting their clients. Peter is currently the Managing Editor of Oxford Competition Law (operated by Oxford University Press) and sits on the Council of the Society of Legal Scholars. He recently published a monograph with Oxford University Press on the criminalization of European cartel enforcement.