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Ever since the creation of the General Court (“GC”), the effectiveness of judicial review in European Union (“EU”) competition cases has sparked intense scholarly debates. This paper seeks to further contribute to this discussion in three ways. First, it devotes some space to...
Persistent link: https://www.econbiz.de/10014189735
The present paper discusses whether the market share threshold enshrined in Regulation 2790/1999 allows to draw correct inferences on the foreclosure risks arising from single branding and exclusive purchasing obligations in the context of vertical relationships. As far as the customer...
Persistent link: https://www.econbiz.de/10014206681
To date, the European Commission has not yet made use of the novel guidance instruments established under Regulation 1/2003 (Article 10 inapplicability decisions, guidance letters, etc.), or taken any exemption decision pursuant to Article 81(3). The "brave new world" of Regulation 1/2003 is...
Persistent link: https://www.econbiz.de/10014206682
In this paper we analyse institutional issues of common interest to the National Regulatory Authorities (NRAs) and the European Agencies (EAs) created under the impulsion of EC law. Both sets of bodies are examined through the lenses of three institutional regulatory parameters, i.e. (i) the...
Persistent link: https://www.econbiz.de/10008455533
In December 2020, the Digital Markets Act (“DMA”) was proposed. It was prepared by the European Commission (“EC”) following several years of work. The DMA attempts to improve “fairness” and contestability” in the digital sector. The DMA acknowledges that some companies designated...
Persistent link: https://www.econbiz.de/10013228370
This short paper argues that the COVID-19 crisis provides an opportunity for improvements in long term growth in the EU by allowing the exit of zombie firms that trap industries into low productivity cycles, limited technology diffusion, and weak economic dynamism. To seize this opportunity,...
Persistent link: https://www.econbiz.de/10013228693
The purpose of this study is to assess whether competition agencies (“CAs”) do, and in turn should, enjoy an unfettered discretionary power in the context of the investigation of competition law infringements or whether their margin of discretion should be subject to certain limits. To this...
Persistent link: https://www.econbiz.de/10013228872
The present article discusses remedies for coordinated effects under the EU Merger Regulation. To this end, it is divided in three parts. Part I reviews the remedies applied to date by the Commission in coordinated effects cases (I). Part II discusses the substantive standard against which such...
Persistent link: https://www.econbiz.de/10013141111
Was the Lisbon Treaty primarily only remotely concerned with the practice of competition law?
Persistent link: https://www.econbiz.de/10008547843
La logistique hospitalière est connue au travers de ses activités de restauration, blanchisserie, approvisionnement, transport, courrier, etc. Des réformes du management hospitalier français ont introduit une gestion décentralisée des hôpitaux en pôles, et une tarification à l'activité...
Persistent link: https://www.econbiz.de/10010820767