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The question forming the title of this paper may be taken two different ways. Do we have a court in the EU in charge of constitutional adjudication? Or, alternatively, ought we to have a court in the EU that would specialize in constitutional adjudication? Such a court might resemble, say,...
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A letter was recently made public, from the European Commission to the ProInternet Coalition in Spain, indicating that the Spanish Government has failed to notify to the Commission a controversial new law on ancillary copyright. This letter draws attention to a little-known requirement under EU...
Persistent link: https://www.econbiz.de/10014138577
In the on-going EU Commission investigation into Google with respect to online search, a new non-discrimination theory is being proposed: complainants allege that under Article 102 TFEU, a dominant firm must provide its customers access to competitors’ products or content, and must design its...
Persistent link: https://www.econbiz.de/10014138376
This paper sets out personal reflections on the role of the judiciary within a primarily administrative system of enforcement of the competition laws.
Persistent link: https://www.econbiz.de/10008503411
Article 229EC provides that the Community Courts may, by Regulation, be given unlimited jurisdiction as regards sanctions decided under the Regulation in question.
Persistent link: https://www.econbiz.de/10008547565
In order for the Commission to adhere to its stated aim of giving a "high priority to due process and fairness in antitrust proceedings," the document should not principally be an enumeration of existing practices but should indeed put in place truly "best" practices in antitrust enforcement. Bo...
Persistent link: https://www.econbiz.de/10008476061