Critics such as Fritz Scharpf maintain that in the EU negative integration (abolishing national rules) by definition wins out over positive integration (adopting new EU rules). This claim is examined here regarding public services – both utilities and welfare services. In EU law the (partly...

This contribution contains a reply to Harvard Law School Professor David Kennedy's 2018 Montesquieu Lecture titled ‘Law, Expertise and Global Political Economy', held at Tilburg Law School on March 8, 2018

This paper compares the welfare effects of three ways in which health care can be organized: no competition (NC), competition for the market (CfM) and competition on the market (CoM) where the payer offers the optimal contract to providers in each case. We argue that each of these can be optimal...

Procuring authorities frequently use screening in order to mitigate risky bids. This study estimates the effect of bid screening and litigation on entry and bidding using a unique data set on highway construction procurement auctions in Poland. The market exhibits a screening method that ex...

This paper, which has been prepared for the conference on Economic Governance and Competition at Tilburg University, examines private ordering within the payment card industry to define appropriate security practices and to monitor compliance by network participants. This private ordering regime...

Whereas the EU's internal market rules govern market access and public intervention, its competition rules are concerned with the market conduct of private parties. When do the competition rules apply to healthcare? In principle the scope for application of the competition rules to the...

National regulatory authorities (NRAs) play a key role in supervising and regulating competition in the energy markets and for realizing the transition to a low carbon energy system in the European Energy Union. They have to ensure that energy (service) markets can develop and that consumers can...

Firms' innovative activities can be sensitive to public policies that affect the availability of capital for risky projects. In this paper, we investigate the effects of regional and temporal variation in U.S. personal bankruptcy laws on firms' innovative activities. We find bankruptcy laws that...

Does the Takeover Bids Directive need revision? The answer to this question will most likely affect the Commission's assessment of the Directive in 2011 and could initiate its revision. Proponents of such a revision urge the Commission to redress the shortcomings of the Directive's...

This paper is a contribution to the 2nd edition of Craig and de Búrca, The Evolution of EU Law. It highlights key trends in EU law in the last ten to fifteen years, as regards the regulation of network industries and of services of general economic interest (SGEIs) more generally. Our central...