In the early decades of European integration, the enforcement of EU competition law was highly centralized. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently, the enforcement of EU competition law has become less centralized - many would say even decentralized. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU...

What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? This book argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality, and the book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market...

In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control, and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the...

This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation' - namely, conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis,...

Competition and diversity in media and communications are fundamental to a healthy economy and democracy. In India and internationally, there is no consensus on the exact manner and scope of interventions that are appropriate to protect competition and pluralism in media markets. Many emerging economies, including India, are seeking to adopt their own regulation in this area, taking their lead from the UK. The issues have been brought into sharp focus in India in recent years. First, the enactment and implementation of modern (but sector neutral) competition law under the Competition Act 2002...

The objective of this book is twofold. First, it presents the economics of minority shareholdings, under both merger and antitrust law. In particular, economic analysis provides both an overall assessment of minority shareholdings in the context of concentrations, and Articles 101 and 102 TFEU and the examination of the link between non-controlling minority shareholdings, merger control and antitrust law. Second, the book also provides a legal assessment and an analysis of selected case law. According to settled European case law, minority shareholdings are analysed not only under Regulation...

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. This book comprehensively explains the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2013 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This...

Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing, and deterring business collusion; conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners, and enforcers from around the world, this book is a critique of the almost universal adoption and zealous defense of leniency by competition authorities. The book charts the origins of and impetuses for the leniency movement, while capturing key insights...

The purpose of this book is to provide a first reflection on the Directive on certain rules governing actions for damages for infringement of competition law provisions of the Member States and of the European Union, from a variety of perspectives. It opens with two essays that place the Directive in the wider context of private law harmonisation by the EU and of the role of consumer interests in European Law. Following are two essays from persons involved in the law-making process, providing insight into the legislative tensions and policies. The essays making up the central part of the book...

In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently the enforcement of EU competition law has become less centralised - many would say even decentralised. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition...