This paper discusses whether the principles of good regulation and good market supervision could play a role in developing a more consistent approach towards the regulation of the energy sector and, more in particular, in dealing with the challenges of regulating the heat sector. It is concluded...

This paper has been written as an invited contribution to a symposium on Guido Calabresi's book on The Future of Law and Economics. Taking Calabresi's discussion of preferences and value judgements in law and economics as a starting point, this paper analyses some conceptual difficulties,...

Economic analysis has contributed to a better understanding and a better functioning of law at different levels of generality. As far as legal reasoning is concerned, these contributions fall into two large groups. Economics in legal reasoning concerns arguments about the purposes and...

This article is the first that discusses how national enforcement authorities have been using bundling, meaning tying or rolling up a number of things together, to settle with corporations over multiple bribery allegations. These settlements rely on some allegedly illegal acts that defendants...

This paper puts forward an alternative path, next to regulatory competition models and comparative law endeavors, called legal emulation. Regulatory competition suffers from its very restrictive assumptions, which make it a relatively rare occurrence in practice. It is also endogenously driven,...

In its Guidance Paper on Article 102 TFEU, the Commission established three conditions that in its view must normally be satisfied before a "refusal to deal" or "margin squeeze" may be considered contrary to Article 102 TFEU, mirroring those established by the European Court of Justice (the...

The provisions of EU law that are relevant to health insurance are either competition law and state aid, or public procurement. Which regime is applied depends mainly on the definition of the undertaking. At the same time, the internal market rules are also relevant, notably the non-life...

The Discussion Paper examines the regulation of the air transport sector from the perspective of competition law, focusing specifically on EU-US air transport relations. Emphasis is placed on the ongoing negotiations between Europe and the United States for the creation of a transatlantic open...

In the EU harmonisation of healthcare has long been elusive. Article 168 paragraph 7 TFEU even forms a sector-specific subsidiarity clause. Meanwhile the ECJ handed down a series of judgments concerning patients' rights to reimbursement for healthcare consumed in other Member States. An initial...

In December 2011 the European Commission updated its original SGEI package of 2005 in which it spelled out under which conditions public service compensation constituted aid but was compatible with the internal market. As such both versions of the Package complement the 2003 Altmark ruling of...